Planning and Infrastructure Bill (Twelfth sitting)

Paul Holmes Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Ellie Chowns]

New clause 1 was tabled by the hon. Member for North East Hertfordshire (Chris Hinchliff), and I remind colleagues that I am the Member for North Herefordshire—always a cause for confusion. I will also speak to six other new clauses, three of which are intended to dissuade developers from engaging in land banking, and three to ensure that affordable housing targets are met.

New clause 1 would give the planning authority the power to decline future planning applications from a developer that had failed to use, or at least to make sufficient progress on, planning permission that they had already been given. This is designed to stop the practice whereby developers purchase land, get planning permission on it and do nothing with it. I think we all agree, on both sides of the Committee, that we need to expedite the building of affordable housing, so this is a proportionate and clear measure to support that. It relates to new clause 55, which was tabled by the hon. Member for Taunton and Wellington. If such land is not built on, the land should transfer to the local authority, so that it can get on with doing the job instead.

New clause 61, which was also tabled by the hon. Member for North East Hertfordshire, suggests extending business rates for developers that do not build. Each new clause is designed to prevent the practice of land banking, to encourage developers to get on and build when they have been given planning permission.

[Paul Holmes (Hamble Valley) (Con)]

I completely understand why the new clause has been tabled, and we support the premise behind it, but can I ask the hon. Lady for clarification? She may not know, and that is perfectly acceptable. Say an application went in for a nursing home, but the business went bust before the initial build out was delivered. If the developer wanted to change the application to allow it to build a block of flats, how would the new clause prevent that from happening? It is a genuine question, and I do not know what the answer is.

[Ellie Chowns]

I thank the hon. Gentleman for his genuine question. He highlights a case that arguably represents complexities that the Government employ lots of lawyers to fix. I do not think it would prevent a new clause such as this from progressing. The intention is to prevent land banking, and if lawyers need to tweak the language a little bit, so be it.

I will move on briefly to new clauses 15, 25 and 60, which are all about ensuring that affordable housing is actually built. New clause 60 would set a lower bound on the amount of affordable housing that was due to be constructed. New clauses 15 and 25 are intended to ensure that the affordable housing commitments that developers make in their initial applications are not subsequently chipped away at or eroded by arguments about viability.

Fundamentally, if there are issues around viability, the Government and local authorities should prioritise the building of affordable housing, not the safeguarding of developer profits. The new clauses are therefore intended to ensure that when developers commit during the planning process to building affordable houses, they stick to those commitments. I commend the new clauses to the Committee, and I look forward to the Minister’s response.

--- Later in debate ---

[Paul Holmes]

It is a pleasure, as ever, to serve under your chairmanship, Ms Jardine. I would like to speak to new clause 76, which is in my name.

This new clause seeks to probe the Minister’s thoughts about the success of local authorities in tackling and challenging the unauthorised development that has gone on. As he will know, the last Government made intentional unauthorised development a material consideration, meaning that planning permission could be refused, and there is a presumption that it should be refused, when development has taken place without consent.

I think it is safe to say that we do not think—many of us see this in our constituencies—that that is being enforced uniformly. The shadow Secretary of State, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake), has an open case at the moment, and I am sure all of us, as elected MPs, have had such cases in the past. There is also an issue with unauthorised encampments. The new clause goes a step further by saying that if development has taken place without authorisation, the planning authority should not grant consent. This is a probing amendment because such provisions already exist, but there are many examples across the country of enforcement not taking place.

New clause 76 requires that no planning permission is to be granted in cases of intentional unauthorised development. It would provide a power to the local planning authority not to grant consent for development

“where there has been intentional unauthorised development in respect of the land or properties which are to be subject to that development.”

It gives further detail about the meaning of “intentional unauthorised development”, which

“(a) includes any development of land undertaken in advance of obtaining planning permission”,

but

“(b) does not include any unintentional, minor or trivial works undertaken without having obtained the relevant permission.”

We have put in paragraph (b) to take account of householders who have undertaken small modifications—for instance, small extensions, walls or garden sheds—that in certain circumstances would need planning permission. We do not want to persecute or make the law come down hard on those who have made a genuine mistake. This is about larger unauthorised development. The reason for tabling the new clause is that we think the Bill should go further in restricting unauthorised development, and that we want local planning authorities to be able to enforce the powers they have through the legislative changes made by the last Government.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

Does my hon. Friend agree that, particularly in the context of our earlier debate about hope value, it is important that this issue is addressed? For law-abiding citizens, nothing is more frustrating than someone carrying out an unauthorised development, potentially on a site in the green belt, as we have seen on a number of occasions, and then being able to regularise that by obtaining retrospective planning permission, when, had they applied lawfully to begin with, it would have been refused. That is an injustice in the planning system that needs to be addressed.

--- Later in debate ---

[Paul Holmes]

My hon. Friend is right; I think that we have all seen that happen as Members of Parliament. It makes a mockery of the planning system when people—they know exactly what they are doing—retrospectively apply for permission and still reap the benefits. There was an example of this in my old constituency that involved removing trees that had tree preservation orders, in order to build on some land. Doing so destroyed that area of land, and it went completely against what should have happened. When the developer went to the local authority, it retrospectively granted planning permission, and the local villagers were outraged.

My hon. Friend is right: the new clause is meant to tackle those who know how to play the system. However, if someone has made unintentional changes to a house that could be covered under permitted development rights, but may go slightly beyond them, we would give local planning authorities the jurisdiction and authority to use their own minds in such cases.

I hope that the Minister understands why we are trying to probe him to see whether he can strengthen the Bill in relation to unauthorised development. He may have to write to me after the Committee—I am sorry to the officials for asking for another letter—about whether the last Government’s measures to give local authorities that power has worked and, if not, how we could work together to ensure that unauthorised development is stopped. We do not want to stop developments, but we think that there needs to be fairness in the planning system. People, who may not be well off, who want to make a planning application for their own home often find it a difficult experience when, just down the road, people are doing it willy-nilly whenever they want to. I look forward to clarification from the Minister. If he needs to write to me, that is absolutely fine.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

It is a pleasure to serve under your chairship again, Ms Jardine. I rise to speak first to new clause 1, which seems to me, as someone who has worked closely with developers, ill thought out. It does not address the need to build more social and affordable homes.

Permissions that are granted, particularly on brownfield sites, often contain any number of conditions that are extremely difficult for developers to achieve—discharging conditions around environmental remediation and, for example, looking after bats or newts, which are common where I practise. There is also a lack of local authority staff competent to deal with section 106 agreements. Permissions are often granted to developers before they own the land, and there may be suitable tax reasons why people do not wish to sell the land until the following tax year. It is easy for those things to stretch over way more than three years, and sometimes up to five years. I am in favour of building more social homes, but the new clause would not achieve that objective. It also does not take into account the massive shortage of workers in the construction sector, the skills that we need or the shortage of materials, which has become even more acute in the past couple of years.

I also want to talk about new clause 76. The hon. Member for Hamble Valley has entertained us for most of the day with minor matters, but his new clause would have an effect that he has perhaps not thought about. The majority of unauthorised planning that I saw in my practice was carried out by farmers who were not able to make enough money from farming their land, so very often diversified their large warehouse-type structures and started using them for small businesses—perhaps renting them out to local engineering firms and so on. After a period of 10 years, somebody would complain in the local village and they would then apply for an authorised use certificate, and nine times out of 10, it would be granted.

The impact of new clause 76—that unauthorised change of use—would prevent those people from developing new homes on their site or opening up more opportunities for new businesses. It needs more thought and attention, because the very people who would be impacted are those who the Opposition say that they stand up for. Very often, they will be farmers who are looking to diversify their property.

--- Later in debate ---

[Matthew Pennycook]

The hon. Member tempts me into commenting on hypotheticals. I will instead say the following. There are two things happening here. We have to be aware of the ability for some existing mechanisms—section 73 applications are a good example—to be gamed in terms of viability to drive down the amount of public gain. I am aware of that, and I have been very candid about it. On the other hand, and correspondingly, if a permission such as the one he hypothetically mentioned is in place, I think that is testament to why it is so important that we bring forward measures on build-out transparency and have the powers to be able to say to developers, as the Government are saying to all developers, “If you’ve got a consent, then get on and build.”

The Government are making a variety of reforms to the planning system, which in any number of ways will provide for a more rules-based system, more certainty and will drive down development costs. We are firming up planning policy guidance and expectations. We are making it clearer and easier for developers to put in an application and we should reduce costs as well. Correspondingly, we can ask for more. We are bringing forward measures in fairly short order on build-out and we will turn on the LURA provisions that I have mentioned. On that basis, I ask for the new clauses to be withdrawn.

New clause 76, tabled by the shadow Minister, the hon. Member for Hamble Valley, seeks to prevent those who have deliberately undertaken unauthorised development from obtaining planning permission retrospectively. The Government do not condone unauthorised development and are clear that anyone seeking to undertake development should first obtain planning permission where it is required. I therefore very much appreciate the sentiment behind his new clause. I recall debating with a shadow Secretary of State this particular matter in relation to Gypsy and Traveller camps, and I appreciate that across the House there is concern about the use of unauthorised developments.

However, the Government’s view is that there may be circumstances—I am happy to set this out in writing to the shadow Minister—in which unauthorised development, even if it is intentional, may be acceptable in planning terms or may be made so by the imposition of planning conditions. I say that only to make the point that we believe that there is a need for some pragmatism here and that such developments should be considered by the local planning authority. It is already the case that intentional unauthorised development, as he said, is a material consideration. It must be weighed in the balance when determining planning applications and appeals. That approach retains local decision making.

The Government obviously keep this matter under review. I am more than happy to have a conversation with the shadow Minister about the Government’s view as to whether the enforcement powers available to local planning authorities—they have a wide range of powers, with strong penalties for non-compliance—are being used, and if not, why not. I am also more than happy to share with him our understanding of how local planning authorities and inspectors are treating unauthorised development as a material consideration, as they are now required to do. I hope that, on that basis, I have provided him with some reassurance.

[Paul Holmes]

I appreciate the Minister’s being so open and genuinely—I wouldn’t say I didn’t believe him before—promising to go away and look at this issue. We would like to take him up on that; we will not press our new clause today, but there are conversations to be had further down the line on this topic. Will he just confirm whether his Department holds any statistics on how many unauthorised developments we are talking about? Is there is a reporting structure for local authorities, which may be held by the Planning Inspectorate? We would like to know how his Department is monitoring the number of unauthorised developments that are using the powers that were given to local authorities, if that makes sense.

[Matthew Pennycook]

What I can commit to—I feel the glares from my officials on me now—is this. If we have the information, I am more than happy to have a conversation with the shadow Minister to give him a sense of, across the country, how local authorities are using their existing enforcement powers and the extent to which, although I think this will be difficult information for Government to track, local planning authorities and inspectors are relying on unauthorised development as a material consideration. I am thinking, for example, of inspectors allowing things on appeal that are unauthorised. If we have that information, I am more than happy to share it and to have that conversation with the hon. Gentleman.

--- Later in debate ---

[Matthew Pennycook]

I think some of this will become evident in the fullness of time. There has been an implicit criticism of the Government at several points in Committee that we are entirely reliant on a market-led approach, and are happy with an entirely developer-led, market-led approach. That is not the case. We think that targeted reforms to the planning system are necessary, but we also absolutely believe that reform of our broken house building model is required. I have said on many occasions that we are overly reliant on a speculative development model that produces bad outcomes. Hon. Members across the Committee will see before too long other measures that the Government are bringing forward to both transform and disrupt that market in ways that are beneficial.

[Paul Holmes]

Disrupt!

[Matthew Pennycook]

Well, the market does need to be disrupted, in the particular sense that we need new entrants coming forward, and small and medium-sized enterprises and community led-housing back in the game.

The hon. Member for Taunton and Wellington said, and I think he is right, that developers have a business model, particularly volume builders. Some are changing their business model and we would encourage change to those business models, but there is a particular model that relies on very high margins. I know the academic study that the hon. Member for North Herefordshire cited. We must and will reduce our reliance on that. We also must be careful about weighing in on viability in a way that would just stop house building coming forward in lots of cases, because that would ultimately help nobody.

A final point that I think is pertinent to this debate: I always find the nimby and yimby debate incredibly reductive, but I think that some who oppose development on the basis that they only prioritise social and affordable housing discount the fact that building homes of any tenure in localities assists people trying to access social and affordable rent. It all helps and it need not be one or the other.

--- Later in debate ---

[Ellie Chowns]

It continues to be a pleasure to serve under your chairship, Ms Jardine. The new clause was tabled by the hon. Member for North East Hertfordshire, and I give the Minister notice that I am particularly keen on it. It would require any national or local housing plan to include and justify quotas for the provision of affordable and social housing.

To me, the new clause seems like a no-brainer, and a measure that we should already have, given that we have such a huge housing crisis, have had no coherent Government housing strategy over the last decade or more, and have no serious goal to end homelessness or deal with the social housing waiting list or affordability issues. I recognise that the Government are making some efforts in the legislation they are introducing. I am particularly excited by the Minister’s promise of disruptive measures to tackle some of the remaining problems in the housing market.

We absolutely have to build more homes for social rent. In the 10 years between 2014-15 and 2023-24, England built 2.2 million homes. Would anybody like to guess what percentage of them were for social rent? Only 3% of them were for social rent, which is the only tenure that is genuinely affordable to those on the lowest incomes. I recently saw stats about the changes in planning permissions in the last six months: 6% of the permissions granted in that time have been for social rented homes. It is nowhere near enough. We desperately need more homes for social rent.

[Paul Holmes]

I understand and agree that we need to build more social rented homes, but does the hon. Lady not agree that the figures she gave could be perceived as being slightly simplistic, because they do not take into account the regional variations in where housing lists and social homes are most needed? I accept that social rent made up 3% of the total, and permissions recently increased to 6%, but in areas such as Southampton, London, Basingstoke or big urban centres, the proportion will be dramatically higher.

[Ellie Chowns]

I would be more than happy to go through spreadsheets with the hon. Member, because I like a nice spreadsheet. Although the figures might be slightly higher in London, I do not think anybody would argue that there is therefore sufficient affordable housing in London, or anywhere close to sufficient.

[Paul Holmes]

I agree.

--- Later in debate ---

[Olly Glover]

I rise to speak to new clauses 8, 26 and 92, just to introduce briefly what they do. New clause 8 is about coming up with a more sophisticated definition of what “affordable housing” is, taking into account local needs and circumstances, while new clauses 92 and 26 are about quotas, funding and the assessment of the housing needs of an ageing and older population.

I shall keep my remarks on new clause 8 concise, because the hon. Member for North Herefordshire has made many of the points that I would otherwise have made. I agree with her that there seems to be a bit of cognitive dissonance going on when those on the Government Benches express scepticism about the ability of targets for affordable and social housing to deliver progress, yet are adamant that targets for housing overall will do that. Perhaps the Minister will address that point in his remarks.

The key issue in terms of new clauses 26 and 92 is that the current definition of “affordable housing” is not considered affordable by many organisations. That particularly applies to people of an older age on a low income, who are still subject to many aspects of housing costs. It is not just me who thinks that the current definition of “affordable” is nothing of the sort. Shelter agrees, calling it

“unaffordable for those on average incomes”.

Similarly, Crisis and the Joseph Rowntree Foundation have argued for affordability to be linked to local incomes, not market rates, and the Town and Country Planning Association also recommends local flexibility, stating in its housing guides that the 80% rule does not work in areas of high market distortion. Even the Labour-run Greater London Authority operates its own model, with the Mayor, Sadiq Khan, introducing a new category of “genuinely affordable” rent, which includes social rent, London living rent and shared-ownership schemes, as a way of creating a better benchmark.

As mentioned previously in this Bill Committee, house prices in constituencies such as mine still reflect a distorted market in which housing remains inordinately expensive despite enormous housing growth. Residents would certainly benefit from local authorities’ having the power to set what is meant by affordable housing, taking into account local circumstances on issues such as wages.

We also need to be more detailed and thoughtful about how we go about the issue of our ageing population. This is not just about the older old in care homes and similar facilities; it is also about people becoming old. For example, 40% of homeowners and 60% of renters aged 70 will have moved into their homes since the age of 50. Those homes may suit them when they move in, but they may not suit them as they age and will need to be adaptable. That is something that local authorities and all of us need to consider a lot more.

Equally, 50% of renters aged between 45 and 64 have no savings, and many will struggle to afford their rent in retirement. The Pensions Policy Institute estimates that if current trends continue, the cost of housing benefit for older renters will increase by 40%, or an additional £2 billion per annum.

Thinking more carefully about how we provide for an ageing population, as these new clauses propose, would benefit not just those who are affected by the cost of housing, but the public finances, given the ever-increasing housing benefit bill that we will face if we do not take serious action and change our approach. I look forward to the Minister’s comments.

[Paul Holmes]

I rise to speak to new clauses 48, 49, 50 and 75, most of which are in the name of my hon. Friend the Member for Ruislip, Northwood and Pinner—I do not know whether he intends to intervene or to speak after me, but he is more than welcome to do so, because he drafted the new clauses and can do them a lot more justice then I can.

These wide-ranging provisions would help strengthen the legislation. We tabled new clause 48 because we want to review the method for assessing local housing need. The current method does not adequately account for the type of home being built. For example, a family home can accommodate more people than a one-bedroom flat, and it should count for more because it goes further towards meeting a local area’s housing need. Under the current methodology, we often end up with the wrong stock being built and with people being displaced or having to move away from long-standing connections in their local area.

New clause 48 states:

“The Secretary of State must, within six months of the passing of this Act, review the standard method for assessing local housing need…A review under this section must consider…how the method for assessing local housing need should consider different types of property”—

as we have indicated, that should be based on demographics and local housing lists—

“basing calculations on price per square metre rather than price per unit…In conducting a review under this section, the Secretary of State must consult…local councils; and…any other parties the Secretary of State considers appropriate.”

[David Simmonds]

My hon. Friend is making an excellent and eloquent speech—far more excellent and eloquent than my contribution will be. Does he agree that one of the big concerns the Bill needs to address is the sense among some constituents that new housing development is not built for them or their community? We need to make sure that this debate is about homes, and that means we need greater subtlety and nuance in housing plans and the targets we set. It is not simply about delivering units—the dark towers we see in parts of central London, whose units are not available to or occupied by the local community—but about having a housing supply that reflects the needs of a particular place.

[Paul Holmes]

My hon. Friend is absolutely correct. Who can say the Conservative party is divided when we have a bromance like this? My hon. Friend and I agree with each other all the time. He says that my speech is better than his, which is untrue, but he makes a serious point. The whole point of the Bill, and of our being here, is to ensure that housing is deliverable and accountable, and that it adapts to the will and the needs of local people. We are in Parliament and we stand for election predominantly to make our areas better and to leave the world in a better place, with people feeling better.

In my constituency, we have many four-bed and five-bed family homes. We also have a huge housing waiting list. Those homes cost £250,000 each. Of course, I aspire to being able to afford a house like that myself one day, but we need to ensure that the right housing is being built for people in Eastleigh and Fareham town centres. Often, they are displaced down the road to Southampton and Portsmouth, or to other areas of the country with which they have no connection. That is simply not fair. We tabled the new clause to see, first, whether the Minister agrees with it—I suspect he will do more resisting—and secondly, whether he will try to ascertain how we genuinely improve the method for assessing local housing need.

We had a brief debate about whether housing targets were warranted and whether people think they are good or bad. The Minister knows my position: I think they have been set for a particular reason, but that was a debate on a different clause. We want new towns to contribute towards meeting housing targets. As the Minister knows, new towns do not currently do that and are not included among those that can meet housing needs in local plans. New clause 49, which my hon. Friend the Member for Ruislip, Northwood and Pinner tabled, would change that to include new towns, for several reasons.

First, that would give certainty to constituents that once a local plan had been developed and proposals had gone forward for consultation, they would not be surprised by the Government’s suddenly announcing a new town. The Government are prone to doing that at the moment—I say that neutrally. When that happens, an area seems to have to take much more housing because the new town does not, on paper, contribute to the targets. I believe that, because new towns do not contribute to those targets, they suffer in terms of their services and infrastructure. The new clause would help with fairness in the system and with housing targets and planning. It is not nimbyism—I agree with the Minister that the terms yimby and nimby are reductive. To provide clarity for the consumer, as well as stability for local areas, the Government should make new towns contribute to housing targets.

The Minister should view new clause 50 as productive. If he is worth his mettle, he will see that. Its purpose is to require local authorities to have a housing plan for their areas to inform their local plans. The housing plans would cover types of home, demographics and first-time buyer homes. Subsection (2) of the new clause provides that the local housing plan

“must outline the number and type of homes…(a) required, and…(b) proposed to be built…in the authority’s area.”

That would strengthen local authorities’ and local people’s ability to have a say about what they want to be built for them in their areas.

Yesterday, my hon. Friend the Member for Ruislip, Northwood and Pinner and I had an interesting meeting with several house builders. The Government should embrace and look to expand retirement villages in local plans. People are getting older, and many older people prefer to stay at home, but the system is slightly broken in terms of service charges and the leasehold model. That is not working.

[David Simmonds]

I am grateful to my hon. Friend for giving way during a speech that is as eloquent as it is stylish. He makes a serious point. One change in the UK housing market is the collapse in the provision of small developers; something like 93% of homes are now built by very large housing providers. Particularly in pursuit of developing some of the smaller sites, in which the Minister has expressed a clear interest, we need to bring those types of development to market at scale. That is what new clause 75 seeks to do, and I hope that the Minister will—in a speech that will no doubt be equally eloquent and stylish as that of the shadow Minister—set out his thinking to ensure that that happens, so that the Bill does not become purely a charter for large developers while the huge number of smaller sites, which could deliver so much additional housing, are left undeveloped.

[Paul Holmes]

My hon. Friend raises a good point; in fact, we have tabled some amendments on targets regarding small and medium-sized enterprises. He is right that we must ensure that development is not just carried out by the usual large-scale developers; we must bring vibrancy into the sector and, more importantly, allow local authorities to make those decisions.

On retirement villages, the system does not work, but new clause 50 would allow local authorities to have the authority to focus on the demographics and first-time buyers. It would ensure that SME builders are allowed to be designated by the local authority to build those houses.

It is shameful that, for the first time in a long time, housing policy in this country does not have any incentives for first-time buyers. This point relates to the new clause, Ms Jardine. For the first time, we do not have incentives such as stamp duty relief or Help to Buy, so I hope that the Minister’s disruptive and radical solutions, which he teasingly announced, will include incentivisation. That would allow local authorities to say, “We have a lot of young people who should be entitled to be on the housing ladder; we want to put some first-time incentives into our local plans.”

[John Grady (Glasgow East) (Lab)]

On assistance for first-time buyers, is the lifetime ISA not still in operation?

--- Later in debate ---

[Paul Holmes]

Yes, the lifetime ISA is still in operation—the last Government brought it in—but it does not deliver the real numbers that we need, as the Help to Buy and stamp duty relief systems did. We brought those in, but they have been reversed.

[Luke Murphy (Basingstoke) (Lab)]

Will the hon. Gentleman give way?

[Paul Holmes]

Not yet. Those have been reversed by a lot of the things that this Government have done. For the first time, the sector does not have any incentivisation.

[Matthew Pennycook]

My hon. Friend has a quote.

[Paul Holmes]

If he has a quote, then I am not giving way. I say to the hon. Member for Glasgow East that the local housing plans that we are proposing must also include social housing. Local authorities need to put forward a proper housing mix.

[Luke Murphy]

I thank the hon. Member for giving way, and apologise to the rest of the Committee—I do not have a quote. Under its new leadership, his party is reflecting on the policies of the previous 14 years, so given that he is making an argument about first-time buyers and SME builders, why did the number of SME builders in the UK catastrophically decline over the past 14 years while the average age of the first-time buyer increased?

[Paul Holmes]

The hon. Gentleman does not have a quote, but his intervention is still misguided. He fails to realise that under the past 14 years of the Conservative Government, 800,000 people bought their first home through schemes such as Help to Buy and the stamp duty relief, and 2 million homes for first-time buyers were built. This Government have not even shown that they have the aspiration to match that, because they have cut a lot of the products that turbocharged first-time buyers’ getting on to the housing ladder.

I gently say to the hon. Gentleman that if he wants to, he can come for an appointment. By the way, we are under new leadership, and we are constantly reviewing our policies. We will be making announcements on the new products we will be bringing to people to fill the void that this Government have simply left for the first-time buyer.

[Ellie Chowns]

The hon. Member has issued a paean to Help to Buy, which at the time it was introduced was identified as a policy that would likely drive up housing prices and do nothing to address the real problems in the housing market. As I have repeatedly emphasised in this Committee, those problems relate particularly to affordable and social rent housing.

I have a quote for the hon. Member. A report published by the House of Lords Built Environment Committee in 2022 concluded that the

“Help to Buy scheme…inflates prices by more than its subsidy value”

and does

“not provide good value for money, which would be better spent on increasing housing supply.”

It pointed out that it cost the taxpayer £29 billion—more than £29 billion—over a decade, and that cash should have been used, as I have said, to replenish England’s falling stock of social housing.

The London School of Economics has found that Help to Buy boosted house prices in London by 8%—just that policy boosted house prices in London by 8%— and it boosted developers’ revenues by 57%. Does the hon. Member recognise that it is not a panacea for the problems in the housing market that we face, and that investing in social rent housing should be our priority?

[The Chair]

Order. Before we go on, could we keep to these new clauses, please, because we are getting a little off-track?

[Paul Holmes]

I will heed your advice, Ms Jardine, and bring this back to new clause 50.

The hon. Member for North Herefordshire said there should be more social homes, but that comes under the remit of local authorities to set in their housing plan. In response to what she said about Help to Buy versus social homes being a panacea, I gently say to her that I never at any stage said that Help to Buy was a panacea. I said it was part of the mix in which we could help people, if they so wished, to get on to the housing ladder for the first time.

[Ellie Chowns]

At the cost of social housing.

[Paul Holmes]

I have not finished my point, if the hon. Lady would let me do so. I feel like the Minister last week.

I am saying that Help to Buy was part of a wider mix. The hon. Lady is absolutely right that we need to focus on building more social housing, but I have a fundamental political disagreement with her, which is that social housing is not a panacea either. There are people who want to buy and there are people who want to be helped to buy, and that is why I say that, under this Government, the incentivisation for first-time buyers in the context of that argument has been abandoned, and that happened when we left office.

[Ellie Chowns]

My point is brief: given that the Government have a limited amount of money available, should it not be spent on the things that are most effective in tackling the reality of the housing crisis? It is clear that Help to Buy was not that.

[Paul Holmes]

I agree with the hon. Lady that the Government should be focusing on social housing. However, to be fair to them, they have announced a huge amount of money for it, as we discussed in the Westminster Hall debate six or seven weeks ago. I cannot remember the figure, but it was a great figure for building social housing. They have gone further than the last Government did on social housing, and I said in that Westminster Hall debate that I welcomed the Minister’s and the Deputy Prime Minister’s commitment to building that affordable and social housing, but we need a housing mix that also allows for first-time buyers. That is the argument I originally made, and I do not think many people in the House or out there would disagree that we need such a mix.

Briefly, new clause 75 relates to small site allocations in local plans. Currently, local planning authorities are expected to allocate 10% to small sites in local plans, unless they can provide a strong explanation why that is not possible. The Government have recognised the strength of feeling that small site policy generally is not working for both planning authorities and small and medium-sized developers, and they are strengthening the wording in the Bill. However, this new clause is designed to reverse that, and to up the percentage of small sites that should be accessible to SME developers, as my hon. Friend the Member for Ruislip, Northwood and Pinner outlined in his intervention. I think the Minister should be able to agree to it.

We discussed this morning how SME developers could be enabled to build more homes. There would be a requirement for 20% of housing to be on small sites, and:

“The Secretary of State must, within six months of the passing of this Act, issue or update guidance for local planning authorities regarding the identification of sites for housing development…The guidance must outline a requirement for at least 20% of an authority’s housing requirement to be accommodated on sites no larger than one hectare.”

I hope that also shows many Members across the House that we believe in a solid and varied housing mix, built by a solid and varied housing sector. A number of these measures will help deliver just that. I would welcome the Minister’s thoughts.

[The Chair]

Before we go on, let me say that the Minister is under no obligation to discuss Help to Buy in his response.

--- Later in debate ---

[Matthew Pennycook]

The hon. Gentleman’s position on the matter is very clear. We will keep under review how the taskforce’s recommendations on new towns interact with housing targets.

Although I appreciate that the hon. Member for Ruislip, Northwood and Pinner is seeking, understandably, to prevent areas with a new town from taking unmet need from neighbouring areas, his new clause would have the effect of discouraging effective cross-boundary co-operation on a much wider range of matters, which could lead to issues with local plans in those areas. For that reason, I ask him not to press it.

I turn to new clause 48. In our manifesto, the Government committed to restoring mandatory housing targets and reversing the supply-negative changes introduced by the previous Government in December 2023. In December 2024, we therefore implemented a new standard method for assessing housing needs that aligns with our ambition for 1.5 million new homes over this Parliament and better directs homes to where they are most needed and where housing is least affordable. The standard method is an important tool to ensure that housing is delivered in the right places, which is critical to tackling the chronic shortages facing the country across all areas and all tenures.

We consulted extensively on our changes to the standard method. Our public consultation received more than 10,000 responses from a range of relevant parties, including 387 submissions from local authorities. Our response to the consultation sets out the evidence received and how the Government have responded to the points raised. We have also published revised guidance to support authorities utilising the standard method. Given the recent consultation exercise on the revised standard method, I do not believe that new clause 48, which seeks further consultation and procedural steps, is the right way forward. I ask the hon. Member for Ruislip, Northwood and Pinner not to press it.

I turn to the hon. Member’s new clause 50. National planning policy—specifically paragraph 72 of the NPPF—already expects local planning authorities to prepare strategic housing land availability assessments to provide evidence on land availability within their area. Authorities should then set out, through their local plans, a sufficient supply and mix of sites that can be brought forward over the plan period. Through this existing policy, local planning authorities are already expected to make an assessment of the number and type of homes that are required and proposed to be built in the authority’s area. I note the comment that several hon. Members have made about older people’s housing. I think it fair to say that the housing and planning system has not kept pace with demographic change, but that is why the Government are exploring the recommendations of the older people’s housing taskforce, for example.

In addition, we are committed to introducing the new plan-making system, which includes the following provision set out in new section 15C(8) of the Planning and Compulsory Purchase Act 2004, as inserted by the Levelling-up and Regeneration Act 2023:

“The local plan must take account of an assessment of the amount, and type, of housing that is needed in the local planning authority’s area, including the amount of affordable housing that is needed.”

New clause 50 would therefore duplicate national planning policy and legislation that we anticipate will come into effect later this year. It would create new burdens on local planning authorities, with the effect of delaying plan making. It would also undermine the Government’s priority for extensive coverage of local plans across England, reducing much-needed housing supply. I ask the hon. Member for Ruislip, Northwood and Pinner not to press it.

I fully understand and support the principle behind new clause 75, tabled by the hon. Member for Hamble Valley. The Government fully recognise the benefits that small sites can offer in contributing to house building, diversifying the housing market and supporting faster build-out. We are therefore fully committed to increasing delivery on small sites and supporting our SME developers. This is a real priority for the Government. The statistics show that back in the 1980s SMEs built something like 40% of housing supply; the figure now is less than 10%. That is a large part of the reason that we are not bringing homes forward in the numbers we would want. Council house building is another example.

Via the NPPF, local authorities are already expected to allocate 10% to small sites in local plans unless they can provide a strong explanation why this is not possible. If such an explanation proves wanting, the plan can be found unsound when it is examined by an independent inspector. In line with the thinking behind new clause 75, we consulted on strengthening that requirement by making it wholly mandatory in local plans. That was part of the summer 2024 consultation on the NPPF, but the responses we received were clear that making the target fully mandatory would be resource-intensive, would put significant pressure on local authorities, would be unworkable in many areas and might lead to delays in plan making.

In the Government response to the NPPF consultation in December, we therefore made clear our intention to explore other options to support small site delivery as part of the upcoming national development management policies. I do not want to tease the Committee again, but details will be forthcoming and will be subject to consultation. Although I appreciate the principle behind new clause 75, I therefore do not believe that it is the best way to support small site delivery. I ask the hon. Member for Hamble Valley not to press it.

[Paul Holmes]

I am a pragmatist, so if the Minister says that he will make announcements in due course to strengthen what he already has a track record of doing, which is what the new clause seeks, we will welcome that. I must press him slightly, however. I grant that he has only been in his position for 10 months, but if the 10% is already in the NPPF and has not made any real change, and if he is reluctant to make legislative changes to enforce it, what other measures can he introduce to increase the number of houses that SME builders can build?

[Matthew Pennycook]

It is worth referring to the NPPF consultation in the summer and the Government response. We think that there was good reason not to make the 10% allocation mandatory. Local authorities, in particular, told us that they had concerns in that regard. There are many other things we could do. Without using this as a defence, in fairly short order the shadow Minister will see some of the measures that we want to introduce to support SME house builders. Access to land is a concern, and access to finance is another issue, as is the cumulative burden of regulation on SME house builders, which, for obvious reasons, are less able to cope with that than large-volume house builders. All of that is part of the answer, but I am sure we will have further debates on the matter once the Government have brought forth new measures in that area.

I turn to new clauses 92 and 26. I share the commitment of the hon. Member for Taunton and Wellington to enhancing provision and choice for older people in the housing market. I agree that the need to provide sufficient housing to meet older people’s specific needs is critical. We must ensure that the housing market is moving with demographic change. I also recognise that well-designed, suitable housing can improve the quality of life, health and wellbeing of older people, as well as supporting wider Government objectives.

That is why the revised national planning policy framework already makes it clear that local authorities producing a local plan should, as I have said before, assess the size, types and tenure of housing for different groups in their communities, including older people, and reflect that in their planning policies. Supporting guidance also makes it clear that an understanding of how the ageing population affects housing needs should be considered from the early stages of plan making through to decision making.

Furthermore, clause 47 contains provision for spatial development strategies to take account of that factor. It provides that SDSs

“may specify or describe…an amount or distribution of affordable housing or any other kind of housing”

if the provision of that housing is considered

“to be of strategic importance to the strategy area.”

One can well imagine how, in particular sub-regions of the country with high proportions of older people, SDSs may want to take particular account of that factor.

We will of course consider how we can continue to make progress on delivering sufficient housing for older people, as we develop our long-term housing strategy, which we will publish later this year. I recognise that that will have benefits not only in meeting housing need for older people, but further down the housing chain, by unlocking homes that are inappropriate for older people. Those people may wish to move if they have a better offer and if challenges such as those mentioned by the shadow Minister, the hon. Member for Hamble Valley, such as the excessive service charges on some older people’s residential housing, are dealt with.

On new clause 26, I do not believe that introducing legislation to impose targets and capital funding for the affordable homes programme is the best way to incentivise the market to increase the supply of older people’s housing and later living homes. The Government’s view is that local housing authorities are best placed to bring forward the right amount of new housing for older persons and later living homes in their areas through the planning and care systems, and based on local need. The Government will obviously support them to do that when they set out the full details of a new grant funding programme to succeed the 2021 to 2026 affordable homes programme at the spending review on 11 June. Alongside wider investment across this Parliament, the new programme will help to deliver our commitment to the biggest increase in social and affordable housing in a generation. For that reason, I respectfully ask that none of the new clauses in this very large group are pressed to a vote.

--- Later in debate ---

[David Simmonds]

Further to that point of order, Ms Jardine, I accept that it was a discussion between me, as the Opposition Whip, and the Labour Whip yesterday, which is the usual channel through which times are agreed. That being the case, and in her absence, I will not move the adjournment, in order to enable the Committee to proceed. However, I respect that hon. Members may have to leave—including me, because I have built my diary around that agreement and I have childcare responsibilities.

[Paul Holmes]

Further to that point of order, Ms Jardine—I do not wish to waste any more of the Committee’s time—for my part, I am content for the Committee to sit until 5 pm to ensure that business gets through. However, given my own diary, I would take a dim view if the Government should seek to continue beyond 5 pm.

[The Chair]

To clarify, the Committee sits until the Government moves the adjournment, so it is entirely up to the Government as to what they wish to do.

--- Later in debate ---

[Gideon Amos]

It is a pleasure to speak to new clause 7, which would require schedule 3 of the Flood and Water Management Act 2010 to be commenced. My Liberal Democrat colleagues have pressed on this matter repeatedly over recent months and years, including in Westminster Hall. The schedule, which was never commenced, would require sustainable drainage systems—SuDS—to be provided in all but the most exceptional cases. It would establish a proper authority for regulations to ensure they are properly designed and maintained. It is not right that because of inadequate regulation and safeguards, the burden of poorly constructed drainage systems should fall on individuals who have saved for years to get their first home. Without proper enforcement of sustainable drainage, there is a real risk that the drive to increase housing numbers will exacerbate the current problems with drainage and flooding.

After the 2007 floods, Sir Michael Pitt recommended the introduction of the provision. It was duly passed as part of the 2010 Act, but it was never commenced. By 2014, the Government had consulted on the necessary guidance and were on track for commencement before the end of 2015. In 2015, the consultation came to an end, the work came to an end and it was not commenced. The policy approach taken by the then Conservative Government was that we would deal with sustainable drainage through policy, and policy would be sufficient. A little later on, in their 2023 review of the implementation of schedule 3 to the Flood and Water Management Act 2010, they set out that a previous review had concluded that

“non-statutory technical standards for sustainable drainage systems should be made statutory: as the ambiguity makes the role of the planning authority very difficult. The review also found that in general there were no specific checking regimes in place to ensure that SuDS had been constructed as agreed, leaving concerns about unsatisfactory standards of design and construction, and of difficulties of ensuring proper maintenance once the developer has left the site.”

If only that schedule had been brought into effect, a great deal of flooding of people’s homes would have been avoided.

In the past, we have had a body of law to control our sewage and drainage system, originally from the Public Health Act 1936, which dealt with any kind of drain that is

“communicating with a public sewer”,

in the words of the Act. But SuDS are a new way of doing things, and they do not have the same body of regulation. There is therefore no longer any reason why schedule 3 should not be commenced as soon as possible, if not immediately. It should not take another flood to make that happen.

It is time to implement the recommendations of the 2008 review, the Government’s consultation response in 2014, the 2023 Department for Environment, Food and Rural Affairs review that I quoted, and schedule 3 of the Flood and Water Management Act 2010 before our constituents find themselves forced into communicating with a public sewer in their homes and gardens in a way that is all too close and personal.

[Paul Holmes]

I commend the hon. Member for Taunton and Wellington on tabling the new clause. It is very similar to new clause 34, which is in the name of my hon. Friend the Member for Mid Bedfordshire (Blake Stephenson). My hon. Friend’s goes slightly further, in that it would ensure

“minimum expected standards for ongoing maintenance”,

but we welcome the sentiment, and we understand why the hon. Gentleman and the Liberal Democrats have tabled the new clause.

This is an issue that many of us have faced. The hon. Gentleman and I both attended a Westminster Hall debate about problems with drainage in new developments. I said then that in our constituencies, several of us could point to new developments in which planning officers and constituents had no confidence, even though the planning authority had acted entirely appropriately within the guidelines. I think particularly of Botley parish council in my constituency and Boorley Green, where development is going on along the River Hamble and further up into Winchester Street. Schedule 3 of the Flood and Water Management Act 2010 was supposed to help with the expected standards.

With many new developments, a lot of the water companies are not sufficiently accountable to the people they serve. Local authorities are slightly constrained by the planning system from making the changes that they could make to help the long-standing flooding problems, if schedule 3 was brought in.

I welcome the new clause, and it will have our support. We will work with the hon. Gentleman on Report to strengthen the new clause. I do not mean that there is anything wrong with it, but I would like it to be combined with new clause 33 and the standards on ongoing maintenance. I hope the hon. Gentleman takes that as a helpful suggestion, and we look forward to supporting his new clause.

[Ellie Chowns]

I rise to speak in support of new clause 7. I have spoken about flooding in the main Chamber at least five times. Constituents have come to see me in my surgeries to tell me that they have been flooded out of their new homes only six months after they were built, because of a lack of appropriate drainage. As climate change brings us greater extremes and severity of weather, we know that frequent flooding will become even more of a problem, so it is imperative that any new building is flood resilient.

I draw the Committee’s attention to my new clauses 85 and 86, which I will move if we have time tomorrow or on Thursday. They are also designed to prevent building on flood plains, and to ensure that flood resilience measures are in place for all new buildings. It is quite extraordinary that 15 years after SuDS were provided for in the Flood and Water Management Act 2010, they have still not been brought in. I add my voice to those of my Lib Dem and Conservative colleagues urging the Government to support the new clause, and to ensure that all new building is genuinely flood resilient and does not contribute to further problems downstream for other areas, housing or infrastructure.

Planning and Infrastructure Bill (Eleventh sitting)

Paul Holmes Excerpts

Committee stage
Tuesday 20th May 2025 Public Bill Committees

[Matthew Pennycook]

Clause 81 primarily seeks to standardise the list of infrastructure that development corporations can deliver to be in line with that of mayoral development corporations. The co-ordination of infrastructure with large-scale property development is essential. However, the current legislation is inconsistent concerning the types of infrastructure that different development corporation models can provide, creating unnecessary uncertainty.

In particular, the existing legislation sets out a long list of infrastructure that mayoral development corporations can provide, but the same list is not currently applied to new town and urban development corporations. Clause 81 addresses that by standardising the list of infrastructure that development corporations can provide. It also goes further in adding heat networks to the list. This recognises heat as a distinct utility, alongside others such as water, gas and electricity. The addition of heat networks will also empower development corporations in their aims with respect to sustainable development and climate change, a point that we have just debated.

Existing legislation also places unnecessary restrictions on new town development corporations to deliver transport infrastructure. Clause 81 therefore removes the restriction on new town development corporations so that they can provide railways, light railways and tramways. No other type of development corporation is subject to this restriction, and provision of sustainable transport systems is vital to delivering large-scale developments. These measures will ensure that development corporations are on an equal footing to deliver the infrastructure to unlock more sites and co-ordinate more housing infrastructure and transport in the public interest. I commend the clause to the Committee.

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Ms Jardine. It is good to see the Minister and all members of the Committee here again; I have déjà vu, but we are still happy, aren’t we? [Interruption.] “Speak for yourself,” the Minister says.

We generally welcome the powers in relation to infrastructure in clause 81. I particularly welcome what the Minister said about removing restrictions to deliver infrastructure such as trams. That is a welcome move to deliver for those of us who have had constantly had frustrations at the lack of ability to get that infrastructure, but I would like to ask a few questions. Having said that, I deem that the clause does not account for the varying needs and characteristics of different regions. Can he reassure the Committee about the effective standardisation that he is promoting?

We do not necessarily have an argument with it, but we would like to examine the checks and balances in the consultation element of what the Minister is proposing to ensure that there is not a one-size-fits-all model. Even though I know that is what standardisation aims to do, I hope he would accept that in varying regions, with the wants and needs of different communities, that may not be appropriate at all times. Will he outline the checks and balances and how that could be varied according to the needs of local communities? Other than that, the Opposition welcome the clause and the Minister’s commitment to infrastructure.

[Matthew Pennycook]

I thank the shadow Minister for that question. I think it raises a slightly wider debate than the provisions of the clause and their purposive effect, but he raises a valuable point. Decisions to designate and grant powers to a development corporation must be made via regulations. They are subject to statutory consultation and are carefully made with consideration given to issues of oversight and governance. The particular model selected in a particular area will be chosen by the relevant parties on the basis that it is the model that best suits what they are trying to achieve.

I take the shadow Minister’s point about regional variation in the sense that all this clause does is standardise the list of infrastructure that can be provided by development corporations of all types, making it equal to the existing list that applies to mayoral development corporations. It is a simple simplification to ensure standardisation across the infrastructure that can be provided across all models.

Question put and agreed to.

Clause 81 accordingly ordered to stand part of the Bill.

Clause 82

Exercise of transport functions

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

[Matthew Pennycook]

Clause 82 seeks to introduce a new duty for relevant local transport authorities to co-operate with development corporations in the development and implementation of their plans, Too often developments are not co-ordinated with the transport infrastructure needed to service existing and new communities. That has detrimental impacts on quality of life, productivity and economic growth. Development corporations cannot currently take on local transport powers. As a result, there can be significant delays and barriers to delivering essential transport infrastructure, particularly where local transport authorities are unaligned with the plans of development corporations. Clause 82 will therefore place a duty of co-operation on local transport authorities to ensure that sites delivered by development corporations include the necessary transport infrastructure and are seamlessly integrated into the wider spatial plan for the area.

Local transport authorities must have regard to the plans of development corporations and co-operate in the development and implementation of their plans. Where that duty is not fulfilled—resulting, for example, in a failure to produce key outputs in an agreed timeframe or transport provisions being blocked and impacting growth potential—the Secretary of State will have a new power to direct relevant local transport authorities. Where the direction is not complied with, and as a last resort, the Secretary of State will have the new power to transfer specific transport functions from local transport authorities to the development corporation in question.

In addition to transport planning functions, the transfer may also include specific property rights and liabilities—for example, in instances where the development corporation needs to undertake upgrades to existing highways within its red line area. Any such transfer will be made by regulations and in relation to the development corporation’s red line area. The measures are intended to increase co-operation while ensuring that development corporations can ultimately deliver necessary transport infrastructure in a timely manner. I want to be very clear: our preferred approach is for the development corporation to work with the local transport authority in the first instance. The measures are therefore escalatory and will be used only as a last resort. On that basis, I commend the clause to the Committee.

[Paul Holmes]

I welcome the Minister’s commitment to transport infrastructure. We have had disagreements on other parts of the Bill that we have discussed in previous sittings, and no doubt we will in this afternoon’s sitting on the new clauses, but I think this part of the Bill genuinely tries to reform models to make sure that transport infrastructure, which is often controversial, is delivered. We welcome his commitment and foresight in that.

The clause aims to address, as we know, the co-ordination issues between development corporations and fragmented local transport authorities by placing the statutory duty of co-operation on the latter. Although the intention to improve alignment between housing and transport planning is welcome, I have a couple of questions about its practical impact and enforceability. None of the questions comes from a place of criticising or carping; they are to get genuine clarification for Opposition Members. By simply requiring transport authorities to “have regard to” and “co-operate” with development corporations, does the Minister not have a concern that the plans may not be sufficient to ensure meaningful collaboration? The terms are legally vague and may result in only minimal compliance. He has said that it is escalatory, but I wonder whether the clause needs to be slightly strengthened, in terms of “have regard to” and “co-operate”.

The clause stops short of granting development corporations any direct transport powers. That may be a fundamental disagreement between us, if the Minister does not believe they should have those powers, but we have a concern about the good intentions not being delivered on because of that collaboration and “having regard to”. Other than that, we welcome the clause, which will make a huge difference in delivering the fundamental change that we need in regional and local communities.

--- Later in debate ---

[Matthew Pennycook]

I thank the hon. Gentleman for his question. We just debated a clause about standardising the list of infrastructure that all development corporations can bring forward, but clause 82 addresses a specific gap in the legislation, which is that development corporations cannot have transport powers and are reliant on local transport authorities to bring them forward. I do not dismiss his point about wider infrastructure—we have debated it elsewhere, and I have taken on board the points that hon. Members have raised—but the clause addresses a specific issue and outlines a way of dealing with it. As I say, the preferred approach is co-operation in the first instance and working with the local transport authority in question.

The ability to transfer transport powers, which is available under the clause, is ultimately a backstop measure, and escalation via direction is an initial measure to address insufficient co-operation. The clause clearly sets out how the escalatory process will work, although it is worth saying that decisions to either direct or transfer powers will be taken on a case-by-case basis and applied only where there is good reason to believe that co-operation on the part of the local transport authority is not forthcoming and necessary transport infrastructure is not delivered.

We think that the backstop is necessary for cases where the local transport authority refuses to co-operate and is blocking necessary infrastructure that the development corporation requires for its urban regeneration and development needs. On that basis, I hope I have reassured hon. Members.

[Paul Holmes]

You may rule me out of order, Ms Jardine—I entirely expect that you might—but I want to follow up on the point made by my hon. Friend the Member for Broxbourne on health services. I know that it is not directly in the scope of this clause, but I want to explore the fact that, in many of our constituencies, integrated care boards, which, as the Minister will know, are locally responsible for the provision of health services, simply are not doing the work that is needed on demographic or infrastructure changes because of the silo-based approach to central and local government. Can the Minister assure the Committee that he will go away and work with the Department of Health and Social Care—maybe other clauses could be included—on how we can bring that together and allow those health facilities, as well as transport issues, to be delivered?

[Matthew Pennycook]

I thank the shadow Minister for that question. Hansard will correct me if I am wrong, but I feel that I have already given a commitment in that area, which I am more than happy to give again, on the following basis: to the extent that essential infrastructure and amenities, particularly those delivered via the existing developer contribution system, are not forthcoming in the manner required or in a timely manner, and where section 106 agreements are not being honoured, the Government are looking to take action to strengthen the existing system. There are two aspects to this. One is ensuring that local authorities are in a position to, on a fairly equal basis, negotiate with an applicant and get a good section 106 agreement. Then, there is the other part of the process, which is ensuring that the agreements entered into are honoured.

However, in some instances—I think I have recognised this in a previous debate—there is a co-ordination issue. I am interested in what more can be done and I am exploring that across Government Departments. ICBs are a good example—there have been examples in my constituency. In certain cases, it may be that the 106 agreement or other provision is not bringing forward the necessary—let us put it in very practical terms—GP centre. In other cases, as I hear from many hon. Members across the country, the 106 has facilitated the construction of the building, but there is a workforce challenge. That is a wider challenge for Government and the Department of Health and Social Care to address, which they are doing. I think that co-ordination can help us to address some of these problems.

To bring us back to the clause that we are debating, we are talking specifically about instances of a development corporation, either within the red line area or outside it where transport infrastructure is necessary to facilitate growth within it. We need a mechanism to ensure that co-operation occurs with the local transport authority. As I have said, judged on a case-by-case basis, in instances where the local transport authority in question is not co-operating, or where Government have good reason to believe that it will not co-operate, we need a measure to ensure that those powers are transferred or a direction is put in place. On that basis, I commend the clause to the Committee.

Question put and agreed to.

Clause 82 accordingly ordered to stand part of the Bill.

Clause 83

Electronic service etc

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

[Matthew Pennycook]

Clauses 83 to 92 relate to compulsory purchase and are designed as a group to improve the compulsory purchase order process and land compensation rules to enable more effective land assembly through public sector-led schemes. As hon. Members will no doubt be aware—I am sure that they have read every word—the Government’s 2024 manifesto made a commitment to further reform compulsory purchase compensation rules to improve land assembly, speed up site delivery and deliver housing, infrastructure, amenity and transport benefits in the public interest. That manifesto promised that a Labour Government would take steps to ensure that, for specific types of development schemes, landowners are awarded fair compensation rather than inflated prices based on the prospect of planning permission.

The Government’s reforms, which were outlined in the consultation published at the end of 2024, are necessary to deliver the housing and critical infrastructure that this country needs and to make it more attractive for the public sector to use its compulsory purchase powers to deliver development in the right places. That is the intent behind the clauses that we are debating this morning. To be clear, changes introduced in the Bill are not targeted at farmers or any particular landowners, and they make a limited addition to the existing power for CPOs to be confirmed with directions removing hope value, so it may apply to parish or town council CPOs facilitating affordable housing provision.

I made this point on Second Reading and I want to be clear: there is nothing in the Bill that changes the core principle of compulsory purchase—that it must be used only where negotiations to acquire land by agreement have not succeeded and where there is a compelling case in the public interest. It will be for individual authorities to decide where it is most appropriate to use their CPO powers to deliver their schemes in the public interest. Taken together, the clauses will ensure that quicker decisions on CPOs can be made, the administrative costs of undertaking the process are reduced, and a better balance is struck so compensation paid to landowners is, as I have said, fair but not excessive.

Clause 83 amends the legislation underpinning the compulsory purchase process and compensation rules to allow the service of statutory notices to be undertaken by electronic methods of communication. Allowing CPO notices to be served on parties by electronic communication will ensure that the CPO process is modernised and made more efficient. Notices may be served by electronic communication providing the person receiving the notice has provided an address for such a service, such as an email address. Where an address is not provided, the existing methods of service—for example, by post—will remain. The default method for service of notices on public authorities will be electronic communication, providing the authority has specified an address for communicating about the specific CPO in question. The clause, which again I hope is uncontroversial, simply intends to modernise and speed up the compulsory purchase process and reduce the administrative costs, and I commend it to the Committee.

[Paul Holmes]

I will take the tactic of discussing each clause relating to CPOs at a time, if that is all right with the Minister. I know he had to give an overview of clauses 83 to 92, but we would like to scope out some questions before coming on to new clause 52, which we will discuss under clause 88, where most of our disagreement comes from.

I understand what the Minister has said about CPO reform and not targeting farmers. However, the record of this Government’s relationship with farmers in other areas of policy has raised anxieties about agricultural land and the rights of farmers, and the amount of compensation that tenant farmers versus occupied land farmers will be offered. Some of the reforms that the Minister is making raise questions about the Government’s general campaign against farming and agriculture in this country, which we remain very concerned about in other areas of policy, but we will discuss those issues in a moderate and constructive manner when we debate later clauses.

Clause 83 concerns electronic services. We generally welcome any simplification and reduction in costs and administration; that is why I am a Conversative. However, we believe that the clause could still raise some implementation challenges. Public authorities are presumed to consult with an electronic service if they provide a relevant email or web address, but that assumption may lead to issues where authorities have multiple points of contact or emails go unattended, potentially causing delays or disputes within an effective service.

Secondly, the clause introduces a default presumption that notices are received the next business day after sending, but that might not hold in practice—for example, if the message is caught in a spam filter or fails to send due to technical error. There could be some conflicts and complications in some of the cases that the clause seeks to amend. The legislation could benefit from a clearer mechanism for confirming receipt to reduce uncertainty or legal challenge further down the line.

Moreover, although the shift to digital communication is welcome, the clause stops short of encouraging or mandating broader digital transformation across the CPO process. For instance, there is no mention of a centralised digital portal for tracking notices or verifying delivery, which could further enhance transparency and reduce administrative friction. Although modest in scope, the clause is a positive step towards a more efficient compulsory purchase regime, notwithstanding the concerns that we have about further reforms, but its practical success will hinge on thoughtful implementation, clear guidance and ongoing support for acquiring authorities and affected parties.

--- Later in debate ---

[Paul Holmes]

Again, we do not see the clause as particularly controversial, but we would like to ask some questions. Can I put on record, first, that I wish the Minister well with his jury service? We will see whether he is the living embodiment of being “tough on crime, tough on the causes of crime”. I am sure that the Whips will love the fact that one of their Ministers is off-site—hopefully on Report so that we can get most of our amendments through.

As the Minister said, clause 84 aims to streamline the content requirements for newspaper notices related to CPOs by permitting either the use of a postal address or a general location description where a specific address is not available. The clause is expected to reduce administrative complexity and cost, which is a welcome step for authorities managing CPOs under tight timelines and budgets.

However, while simplification is beneficial, there is a risk that overly brief or vague descriptions could undermine transparency for affected landowners or the wider public. Newspaper notices remain a critical means of ensuring that individuals who may not be directly notified are still informed about CPOs that could affect them. If the language becomes too generic, individuals may be unaware that their land is included in an order, potentially limiting opportunities for objections or engagement.

The clause could benefit from safeguards or accompanying guidance to ensure that clarity and public accessibility are maintained, especially in cases involving rural land, undeveloped plots or where postal addresses are unclear. Moreover, the clause does not address whether digital platforms could supplement or eventually replace newspaper notices, which could further modernise the process while improving public access to information. Overall, the clause is a pragmatic reform, but we must strike the right balance between efficiency and the need for meaningful public engagement.

Has the Minister had any feedback from local newspaper industry representatives saying that they are concerned, given some of the ways in which these notices provide an income stream to a sector that is increasingly under pressure in being able to communicate with our local residents?

[Matthew Pennycook]

I again thank the shadow Minister for that fair and reasonable challenge. I recognise—as the other shadow Minister, the hon. Member for Ruislip, Northwood and Pinner, would—that the loss of local newspapers is very keenly felt in a London context. Blogs and other things have sprung up in their place, but this is definitely an issue. That is one of the reasons why we have determined not to remove the requirement to publish CPO notices in newspapers. We think that that does have benefits, particularly for members of the public who cannot access the internet, but we do think that a modernisation of the process is necessary.

This is not about reducing transparency; it is about making the administrative process more proportionate and more cost-effective. The key point is that the information contained in the newspaper notice will still give the location of the land and other information, and, importantly, as I have said, that will be complemented by information available in site notices affixed to the land in question, notices served on individuals, and information published about the CPO on the acquiring authority’s website—for example, electronic copies of the CPO, including a map and notices. The requirement to describe the land fully in these other notices is not changing. We are just trying to make more proportionate the information contained in the newspaper notice in question.

--- Later in debate ---

[Matthew Pennycook]

Clause 85 will speed up decisions on CPOs where no objections have been received. Currently, where a CPO is not objected to, the confirmation decision can be made by the acquiring authority, providing certain conditions have been met. One condition is that the CPO does not require modification—for example, to correct an error in the drafting of the order. That adds unnecessary delay and prevents authorities from taking earlier possession of land to deliver benefits in the public interest.

Clause 85 allows an acquiring authority to confirm its own compulsory purchase order with modifications, providing that they do not affect a person’s interest in the land. Where they do, it introduces the ability for acquiring authorities to confirm their own CPOs where modifications are required, providing that the modifications do not affect a person’s interest in a controversial way. Where modifications need to be made to a CPO— for example, to remove land from the CPO, or to correct a drafting error such as the wrong colour used on the map to identify land—the confirming authority will set out in a notice what modifications are required. Acquiring authorities will not be allowed to add new land into CPOs or exclude part of a plot of land from CPOs, as such changes could provoke objections. In those circumstances, the modification and confirmation of the CPO will still be made by the confirming authority.

The changes are intended to speed up the decision-making process for CPOs that have not been objected to, and to allow benefits in the public interest to be delivered more efficiently. They will be particularly helpful in situations where, as part of a wider land assembly exercise, an acquiring authority needs to exercise its compulsory purchase powers to acquire title to land in unknown ownership. Modifications that do affect a person’s interest in land are allowed, but only if the affected person gives their consent for the modification being made. For these reasons, the Government believe that the clause will enable the CPO process to better benefit the public interest.

[Paul Holmes]

Again, we welcome the Minister taking a pragmatic approach to streamlining the process. That would be useful to some elements of CPOs, with minor modifications. Although the clause is framed around efficiency, however, it raises some concerns about checks and balances. Even modifications deemed minor can have implications for how land is used or valued. Relying on the judgment of the acquiring authority alone may create a risk of oversight or perceived conflicts of interest.

The provision for consent from affected landowners offers a safeguard, but in practice, there may be power imbalances that undermine the voluntariness of that consent, especially if pressure to expedite delivery is high. Furthermore, the process for how affected parties are informed and how modifications are assessed as “non-impactful” remains vague. Without clear guidance or criteria, the risk of inconsistent applications across authorities is significant. I would welcome the Minister’s comments on that specific issue. Although the goal of speeding up land assembly for public benefit is legitimate, greater transparency and procedural clarity is essential to ensure that the clause does not erode public trust in the compulsory purchase process.

[Matthew Pennycook]

I welcome that question from the shadow Minister. We are confident that the power will not be misused. The legislation will allow acquiring authorities to make minor modifications to CPOs in cases where they do not affect a landowner’s interests, other than with the landowner’s consent. We broadly consider that such modifications are non-controversial and will not provoke objections, but given the strength of feeling that the shadow Minister has expressed on the matter, I am more than happy to write to him to set out some further clarification of how we believe the process would operate, and why we do not think there is risk of misuse in the way that he fears.

Question put and agreed to.

Clause 85 accordingly ordered to stand part of the Bill.

Clause 86

General vesting declarations: advancement of vesting by agreement

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

--- Later in debate ---

[Paul Holmes]

I will make some brief comments on the clauses. On clause 86, we believe that the conditions under which earlier possession may occur, such as when land is unoccupied, unsafe or where ownership is unknown, are potentially valid, but they rely heavily on subjective judgements by the acquiring authority. For instance, allowing the authority to determine whether items left on the land are of significant value or whether the land is

“unfit for its ordinary use”

introduces a risk of inconsistent or contested interpretations. The exclusion of illegal occupation from the definition of occupancy is also fraught with complexity, particularly in areas where land may be informally used by vulnerable individuals.

Although the clause provides a process for effective parties to make representations, it does not establish an independent mechanism for appeal or review if the acquiring authority rejects those representations. That could weaken procedural safeguards and may leave individuals or communities with limited recourse. Furthermore, although the clause excludes partial acquisitions of buildings, the broader implications for owners of derelict or disputed property could be significant, particularly in urban regeneration contexts where such assets are common.

Overall, while the reform seeks to introduce efficiency, it must be implemented with caution to avoid undermining rights to property and due process. Stronger safeguards, such as independent oversight of early possession decisions and clearer statutory definitions, may be necessary to prevent potential misuse or unintended consequences.

On the surface, the provisions in clause 87 appear pragmatic: they enable willing parties to bypass the standard three-month wait under the general vesting declaration procedure, and instead agree to an earlier possession date no sooner than six weeks after the publication of the CPO confirmation notice. We accept that this could reduce delays in project delivery, particularly where landowners prefer a swift resolution, or where prolonged possession timelines would otherwise stall regeneration or infrastructure efforts.

However, the clause’s wider implications warrant attention. While this is an agreement-based route, the inherent power imbalance in the compulsory purchase context can make voluntary agreements feel pressurised. Landowners—particularly smaller ones or those with limited legal support—may feel compelled to agree to early possession without fully understanding their rights or the valuation consequences. The clause attempts to address compensation timing and valuation issues, but the technical nature of the provisions may still leave room for confusion or disputes. I look to the Minister for reassurance.

The exclusion of counter-notice rights in cases of partial early possession under schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981 also weakens the landowner’s ability to negotiate fairly, as it removes a potential tool for resisting piecemeal acquisitions that may render the remainder of the property less viable. While efficiency is a legitimate goal, it must be weighed against individual rights and procedural fairness.

Overall, while the clause introduces a useful flexibility for streamlined land acquisition, it should be accompanied by strong safeguards, including clear guidance for landowners, transparent compensation mechanisms and accessible dispute resolution processes, to prevent coercion and ensure genuinely informed agreements.

[Matthew Pennycook]

I thank the shadow Minister for those questions. As ever, I will reflect on his request for procedural fairness to be maintained, but in broad terms, I would say that abuses of the kind he suggests are highly unlikely. I am more than happy to provide him with further reassurance on that point.

Given that clause 87 is about undertaking the procedure in question by agreement, I think it is less controversial. On clause 86, it will be for the acquiring authority to be confident that the conditions for the use of the power have been met, and to objectively identify where it thinks that the conditions for the use of the power have been met. In doing so, it will be for acquiring authorities to respond to and defend against any disputes or challenges made on the use of the power.

Where the land includes a dwelling, the acquiring authority is empowered only to expedite the vesting of the land if the dwelling is unfit for human habitation within the well-understood meaning set out in section 10 of the Landlord and Tenant Act 1985. However, included within the power to take early possession of land or buildings is a safeguard to prevent the vesting of land from being brought forward where there is disagreement as to whether the land is unoccupied or is in a condition that it is fit for use, or where an occupant identifies themselves to the authority. As I have said, parties can make representations to the acquiring authority that those conditions have not been met, but ultimately, the decision as to whether they have or not remains with the acquiring authority. However, I am happy to reflect on whether there is a need for further safeguards in this area and to update the shadow Minister accordingly.

Question put and agreed to.

Clause 86 accordingly ordered to stand part of the Bill. 

Clause 87 ordered to stand part of the Bill.

Clause 88

Adjustment of basic and occupier’s loss payments

[The Chair]

Does anyone wish to move amendment 134?

[Paul Holmes]

I do not know whether this is helpful clarification procedurally, but on this group, I would like to speak only to new clause 52 under the name of the official Opposition. We are happy not to press amendments 134 to 147 at this stage.

[The Chair]

Okay.

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

[Matthew Pennycook]

I thank the shadow Minister for not pressing amendments 134 to 147. I would not have been able to accept them for reasons I could have gone into at some length.

I will deal with the clause and then new clause 52, which the Opposition still wish to move. To ensure that compensation paid to those whose land is compulsorily acquired is fair, clause 88 makes changes to the Land Compensation Act 1973 and the framework for basic and occupier’s loss payments. Loss payments exist to reflect the inconvenience caused by compulsory purchase. They are valued either on the market value of a person’s interest or on an amount calculated by reference to the area of the land or buildings known as the “land amount” or “building amount”, whichever is the highest.

The market value of a freehold interest is often more than the market value of a leasehold interest held by an occupying tenant, which often has little or no market value. That usually results in occupying tenants receiving less compensation than owners. As occupying tenants bear the burden of having to close or relocate their businesses, the existing allocation of loss payments is poorly targeted. It unduly favours investor owners over occupying businesses or agricultural tenants who incur greater costs. The Government believe that to be unfair. The clause therefore amends the 1973 Act to adjust the balance of loss payments in favour of occupiers.

Under our changes, we are increasing the land and buildings amount payments, which will benefit occupiers as that is the payment that they usually receive. That will better reflect the level of disruption and inconvenience caused to them through compulsory purchase, compared with investor-owners. It also ensures that the compensation regime is fair. To be clear, the reforms to the CPO process and compensation rules will not encourage the use of any particular type of CPO or change the fundamental principle that there must always be a compelling case in the public interest for use of a CPO.

The changes being made to the loss payments regime will benefit tenant farmers whose land interest is compulsorily acquired, as they will receive a fairer share of compensation to reflect the level of inconvenience that they experience from CPOs. The changes under the clause will not result in landowners being paid less than market value for the compulsory purchase of their interests.

The clause also simplifies the method of calculating the buildings amount for occupier’s loss payments relating to non-agricultural land by using the gross internal area method instead of gross external area, which we believe is more consistent with industry standards. The clause applies to England only, apart from the change to the method of calculating buildings amounts, since the Welsh Ministers have devolved competence to reform loss payments for CPOs in Wales. I therefore see the clause as an integral part of ensuring that the CPO process is built on a fair and balanced compensation process, relative to the level of disruption and inconvenience caused to occupiers of land by a CPO. I commend the clause to the Committee.

I am more than happy to respond in due course, but will first turn briefly to non-Government new clause 52, which seeks to introduce a change to the loss payment compensation regime under the Land Compensation Act 1973. The new clause would increase the amount that occupiers of buildings or land subject to a CPO would be entitled to, and place them on an equal footing with owners. Clause 88 already achieves, in part, what the shadow Minister is looking for: it increases the loss payment compensation due to occupiers of buildings and land in the way that the new clause seeks to do. The purpose of loss payments, however, is to reflect the inconvenience caused by compulsory purchase, and it is occupiers, rather than investor owners, who bear the greater burden in that respect because they are the ones who will need to close or relocate their businesses.

As I said, the clause rebalances loss payment compensation to allow occupiers to claim a higher amount and landowners to claim a lower amount. We believe that that rebalancing of loss payment compensation in favour of occupiers is the right approach. While the clause does some of what new clause 52 seeks to achieve, elements of the new clause are problematic for the reasons I set out. I am afraid I will not be able to accept the new clause, and I ask the shadow Minister not to move it.

[Paul Holmes]

I thank the Minister for that detailed assessment of the clause. Lord knows how long his speech would have been if we had referred to the amendments that my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) tabled. I thought I would spare the Minister that—and also spare myself having to explain them. We will table more amendments on Report.

As the Minister explained, the clause revises key provisions of part I of the Land Compensation Act 1973, particularly loss payments to landowners and occupiers whose properties in England are subject to compulsory purchase. The intent behind the changes is to ensure that compensation more accurately reflects the disruption and inconvenience caused to affected individuals.

--- Later in debate ---

[Matthew Pennycook]

Clause 89 amends the Land Compensation Act 1973 and introduces provision to exclude the right to a home loss payment in certain situations. A home loss payment is an additional amount of compensation paid to a person to recognise the inconvenience and disruption caused where a person is displaced from their home as a result of a CPO. We have just had a debate about a slightly different aspect of what the Government intend to effect by these provisions.

Under the current provisions, where property owners have failed to comply with a statutory notice or order served on them to make improvements to their neglected land or properties, their right to basic and occupier’s loss payments may be excluded. There are, however, currently no similar exclusions for home loss payments. Clause 89 amends the 1973 Act to apply this exclusion to home loss payments also. The situations where home loss payments may be excluded will include where certain improvement notices or orders have been served on a person and they fail to undertake the necessary works.

Local authorities can expend significant resource and cost using CPO powers to acquire neglected properties to bring them back into use. Where property owners fail to undertake mandated improvement works to their properties, they should not be able to benefit financially through claiming a home loss payment. Non-compliance with improvement notices or orders can increase the costs to the public purse of bringing valuable housing resources back into use through use of CPOs. If memory serves, we had a short debate on empty homes and what more the Government can do, and I think that making changes in this area will help with that. Introducing provision for these circumstances will lower local authorities’ costs of using their CPO powers. It will support the delivery of more housing for communities. It also further ensures that the compensation regime is fair.

[Paul Holmes]

I have nothing further to add.

Question put and agreed to.

Clause 89 accordingly ordered to stand part of the Bill.

Clause 90

Temporary possession of land in connection with compulsory purchase

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

[Matthew Pennycook]

Clause 90 amends the power to take temporary possession of land under the Neighbourhood Planning Act 2017. Promoters of major infrastructure have indicated that their current consenting regimes provide flexibility for the taking of temporary possession of land, and should the 2017 Act power be commenced, that flexibility would be taken away. The clause sets out that the power for acquiring authorities to take temporary possession of land by agreement or compulsion under the 2017 Act does not apply in respect of: first, other express temporary possession powers provided for by other Acts; secondly, development consent orders made under the Planning Act 2008, and infrastructure consent orders made under the Infrastructure (Wales) Act 2024; thirdly, orders made under the Transport and Works Act 1992.

The clause will enable the taking of temporary possession under the 2017 Act, without interfering with the process for taking temporary possession under development consent orders, infrastructure consent orders or transport and works orders. It will help ensure continued flexibility for the delivery of critical infrastructure, while paving the way for the taking of temporary possession under other regimes such as the CPO process and the New Towns Act 1981.

--- Later in debate ---

[Paul Holmes]

We do not have much to say on this clause, but it would be rude if I did not say something. [Interruption.] I know Government Back Benchers agree.

Clause 90 provides a targeted amendment to the temporary possession provisions under the Neighbourhood Planning Act 2017, clarifying the scope of that Act’s powers in relation to other legislative frameworks. It stipulates that the temporary possession powers under the 2017 Act do not apply where other Acts such as the Planning Act 2008, the Infrastructure (Wales) Act 2024 or the Transport and Works Act 1992 already contain express provisions for temporary possession. That clarification will ensure that there is no duplication or conflict between the different legislative regimes, thereby promoting legal certainty and administrative efficiency.

By explicitly excluding scenarios where other statutory mechanisms are in place, the clause avoids overlapping authorities and potential jurisdictional confusion. Moreover, it preserves the functionality of the 2017 Act for compulsory purchase orders under the Acquisition of Land Act 1981 and New Towns Act 1981, ensuring that those frameworks can continue to utilise the temporary possession powers where no alternative statutory mechanism exists.

Although the clause provides a cleaner legislative structure, it may also introduce complexity for practitioners who must now navigate multiple legislative sources to determine the applicable authority for temporary possession. That could increase the burden on acquiring authorities and landowners alike, particularly in large infrastructure schemes involving various enabling statutes. Overall, the clause serves a valuable purpose in harmonising the law, but may require careful guidance to ensure that its practical application does not create uncertainty or administrative hurdles. Although we are generally supportive, I look to the Minister to see whether he deems it appropriate to provide advisory guides and accompanying documents when the legislation is enacted.

--- Later in debate ---

[Gideon Amos]

I rise to support the principle of what is being proposed in clause 91 and what has been said about the need to allow authorities to acquire land without paying additional hope value or value of planning permissions not yet sought or granted. It is a long-standing issue, and debates on it go back a very long time indeed; I think it began with Lloyd George, who said that it should be the state, rather than landowners, that benefits when the state invests resources or increases the value of land from its own actions.

I support the clause as a Liberal Democrat—it was in our manifesto—but I should add that it does not represent a radical or enormous change; in fact, it was the position for a great many years. Following the second world war, the Pointe Gourde case established the principle that hope value would not be paid. As has been mentioned, it was only the Land Compensation Act 1961, exaggerated by further case law in the 1970s, that gradually increased the amount of compensation payable to landowners on the basis of planning permissions not sought or obtained—that is, hope value. As we have been discussing, that frustrates and stymies the delivery of social housing, which we all wish to see, and of other public development.

For all those reasons, this is a welcome clause and we definitely support it. On amendment 2, my understanding is that the clause would allow social housing to be delivered under the provisions of clause 91, but no doubt the Minister will clarify that. We will make our decision about amendment 2 on that basis.

Finally, this has been a long campaign by a number of people and organisations, including the Town and Country Planning Association. People such as Wyndham Thomas, a pioneer in this field, long argued for a change to the hope value provisions. The change, if it comes today, will do credit to those who pushed for it for so many decades.

[Paul Holmes]

For the Committee’s convenience, I note that we do not plan to speak to proposed new clause 108, tabled by my right hon. Friend the Member for Louth and Horncastle (Victoria Atkins); I have just scribbled it out. We welcome some provisions of clause 91, but we have some concerns. The Minister will definitely come back to me and say, “But your Government made some reforms.” We know that, but the Opposition have some concern about the scattergun—I would not say “spontaneous”—approach to bypassing hope value, which allows its removal through a much more centralised and unfair system. As we said previously about some CPO provisions, we are concerned that the clause will be unfair on some people who are not well off or affluent.

However, overall the clause is a pragmatic and well targeted reform that aims to steer towards prioritising community benefits and affordability. We will look at it in more detail in later stages of consideration; the Minister knows that we will constructively try to reform the elements that we are concerned about. But we will not press proposed new clause 108, and are happy to let clause 91 through without a Division.

--- Later in debate ---

[Matthew Pennycook]

I absolutely can confirm that. If the hon. Member is interested, that was set out in the extensive debates on that power during the Levelling-up and Regeneration Bill Committee. The public benefits to which the direction can apply are very clear: transport schemes but also affordable housing schemes. However, it would be judged on a case-by-case basis whether the amount of affordable housing provided, in each instance, was sufficient to meet that public benefit test.

The important point that I need to make is that the reference to the provision of affordable housing and other benefits is an important safeguard, to ensure that directions removing hope value could meet the public interest justification test and ensure that the use of the power would be compliant with human rights legislation. That is really important. Trying to draw the power too widely would fall foul of human rights legislation and we would not be able to use it in any case. That is why it has to be targeted at schemes that deliver in the public interest. That will be judged on a case-by-case basis.

The Government also have concerns that amendment 2 could introduce a change that could make it difficult for authorities to justify directions removing hope value in the public interest. We think that it could make the benefits delivered through use of the existing direction power less clearly identifiable and problematic for those reasons, so I will not be able to accept the amendment, although, as I say, I am sympathetic to the use of the direction in clear instances when a public benefit is at stake.

Although we have commenced the Levelling-up and Regeneration Act provisions only this year, to date no acquiring authority has used them; I suspect that is partly from the usual hesitancy about being the first mover and partly about ensuring that there are sufficient skills in the acquiring authority to use it. But the Government are very clear: we do want an acquiring authority, where appropriate, to make use of the power, although we cannot draw it more widely for the reasons I have given.

I turn to amendments 86 and 87. The amendments seek to amend clause 91 and expand the power introduced by the Levelling-up and Regeneration Act for CPOs to be confirmed with directions removing hope value. The amendments propose to extend the types of CPOs for which directions removing hope value may be sought to CPOs providing provision of sporting and recreational facilities.  The amendments also seek to introduce a change so that CPOs that provide sporting and recreational facilities would not have to facilitate affordable housing provision when seeking directions removing hope value. 

While the Government recognise the value of parks and playing fields to our communities—we could all give our own examples of how much they are cherished and loved—we are unable to support the amendments. As I have said, the non-payment of hope value to landowners through the use of CPO powers must be proportionate and justified in the public interest. Affordable housing, education and health are types of public sector-led development where the public benefits facilitated through the non-payment of hope value can be directly demonstrable to local communities.  The Government have concerns that the provisions would be less compelling for sporting and recreational facilities.  The proposed changes could make it difficult for authorities to justify directions removing hope value in the public interest, as the benefits to be delivered would be less clearly identifiable. The Government are therefore unable to support the amendments. 

I turn briefly to clause stand part. Clause 91 makes amendments to the power introduced by the Levelling-up and Regeneration Act, which we have just been debating, that allows authorities to include in their CPOs directions the removal of hope value from compensation, when that is justified in the public interest. First, the clause amends the Acquisition of Land Act 1981 and provides that CPOs made with directions removing hope value may be confirmed by acquiring authorities where there are no objections to the relevant CPO.

Alongside that reform, the Government intend to publish updated CPO guidance to make clear their policy that the power for inspectors to be appointed to take decisions on CPOs under the 1981 Act can be used for CPOs with directions removing hope value. CPO guidance published by my Department sets out criteria that the Secretary of State will consider in deciding whether to delegate confirmation decisions to inspectors. The updated CPO guidance, reflecting the Government’s policy, will be published when we implement the Bill’s reforms following Royal Assent. The changes will speed up the decision-making process for CPOs with directions removing hope value and ensure that the process is more efficient and effective.

Secondly, clause 91 extends the power for CPOs to include directions removing hope value to CPOs made on behalf of parish or community councils under section 125 of the Local Government Act 1972. That will allow parish or community councils, when seeking to deliver affordable housing in their areas, to acquire land without paying hope value compensation—again, when a direction removing hope value is justified in the public interest demonstrably and clearly. The change is intended to increase the viability of such schemes to deliver more affordable housing, which these communities desperately need.

Lastly, the clause amends the legislation to ensure that when CPOs are confirmed with directions removing hope value, the directions apply not only to the assessment of market value of land taken but to loss payments where the assessment of market value is a relevant factor. That makes it clearer that hope value will be removed from all heads of claim where market value is assessed. That provides for the consistent application of the principles for the assessment of the market value of land where CPOs are confirmed, with directions removing hope value. It also ensures that the compensation regime does not deliver excessive compensation where compulsory purchase is used to deliver benefits in the public interest.

I again make it clear that these reforms are not about targeting farm owners or any specific types of land or landowner. Neither do the clauses seek to change—returning to the point made by my hon. Friend the Member for Basingstoke—the core principles of compulsory purchase, which remain. There is nothing in the Bill that changes the core principles of compulsory purchase. As I have said, it must be used only where negotiations to acquire land by agreement have failed, and where there is a compelling case in the public interest. To deliver the homes and infrastructure we need, we must look to unlock land in the right places. These clauses ensure we have the correct tools to realise that.

Briefly, new clause 108, tabled by the right hon. Member for Louth and Horncastle, seeks to repeal section 14A of the Land Compensation Act 1961, which provides the power for CPOs to be confirmed, with directions removing hope value where justified in the public interest. For that reason, I understand why the shadow Minister has at the last moment hesitated to speak to it. In essence, the new clause would remove the power introduced by the Levelling-up and Regeneration Act 2023, which allows acquiring authorities to take forward certain types of scheme by compulsory purchase and to pay a reduced value for land where it will deliver clear and significant benefits and is justified in the public interest.

I disagree with the reforms made by Baron Gove—I think that is now the correct terminology—in a number of areas. He tainted his record in my Department very late on in the previous Government by abolishing mandatory housing targets under pressure from the so-called planning concern group, the ringleaders of which all lost their seats in any case. He did, however, introduce a number of very valuable reforms, one of which is that reform to CPOs. It is therefore absolutely right that we do not attempt—as the right hon. Lady clearly does, if not the shadow Minister—to remove it from the statute book.

[Paul Holmes]

The Minister is being slightly unfair in saying that I have chosen not to speak to the new clause at the last minute; I had always intended not to speak to it because we are very collaborative on our Opposition Front Bench in deciding what we will and will not speak to. The Minister should know that there is always a good intention behind a new clause or amendment—in this case, to restrict the unfairness to some people.

The Minister should also not be surprised that the shadow Cabinet and shadow Ministers such as myself are assessing what happened under the last Government. We are looking back and, as we have said repeatedly, we are under new leadership. The Minister will know—in a basic constitutional lesson—that no Government is bound by the actions of its predecessor, and we are not bound by the actions of our previous leader. [Interruption.] They should not be surprised by that. They were always reviewing their successes under Gordon Brown and particularly the right hon. Member for Doncaster North (Ed Miliband). They have changed a lot of their views from what they used to say then. They have definitely changed a lot of what they thought when they were under the leadership of the right hon. Member for Islington North (Jeremy Corbyn) and were extolling the virtues of loyalty.

We will look to see how we can strengthen the provisions in the new clause tabled by my right hon. Friend the Member for Louth and Horncastle, and we will come back to it a further stage. The Minister should not always think that there is a conspiracy when I decide not to press an amendment.

[Matthew Pennycook]

It has been pretty dry going this morning on these clauses. For the purposes of entertaining the Committee, I just want to make sure I have understood the shadow Minister.

[Paul Holmes]

No, you do not need to.

[Matthew Pennycook]

The Opposition are at liberty to change their position on any policy that the previous Government introduced, but they do not want to change policy in this area as they believe that the power is proportionate and necessary. However, the right hon. Lady still tabled the new clause to signal that they may be willing to come back to it at some point. Is that broadly right?

[Paul Holmes]

The Minister is being overly cynical. As he knows, our leader, my right hon. Friend the Member for North West Essex (Mrs Badenoch), has said that there is a mainstream review of what worked and what did not work under the very successful Conservative Government that served for the last 14 years. What we are looking at going forward is whether we need a new approach to planning reform. That is exactly what the new clause was intended to probe.

--- Later in debate ---

[Matthew Pennycook]

As the Government move to bring forward the new system of environmental outcome reports that will replace the EU processes of environmental impact assessment and strategic environmental assessment, it is necessary to make a minor amendment to the original drafting to ensure the new system can comply with relevant international obligations. Environmental outcomes reports provide the opportunity to streamline the assessment process while securing better outcomes for nature, but it is vital we start this journey with the right powers.

Clause 93 amends the power to specify environmental outcomes to ensure they can relate to areas outside of our national jurisdiction. This is to ensure that the new system of EORs can comply with, among other things, the UK’s obligations under the Espoo convention, which requires signatories to consider the potential transboundary impact of development. This measure will ensure that, as the Government progress with developing the new system of EORs, they will have sufficient powers to ensure the new system can adequately fulfil all our international obligations.

[Paul Holmes]

Before we receive a statement later from the Prime Minister, can the Minister outline whether any of the movements in this domestic legislation, which stem from the transitioning of EU-derived systems, will be affected by any Government deal made between the EU and the United Kingdom?

[Matthew Pennycook]

I will come back to the hon. Member on that point in writing, because it is important that I am precise on it. Obviously a series of obligations stem from the trade and co-operation agreement, and they are set out. This clause specifically attempts to ensure that the new system of EORs—legislated for through the Levelling-up and Regeneration Act 2023—can, once it is brought into force, function in a way that is compliant with all our international obligations. I think members of the Committee would very much support that being the case. I commend the clause to the Committee.

[Paul Holmes]

I would expect the Minister to write to us; I would not expect an answer on the Floor of the Committee. What the Prime Minister is going to outline later is a detailed and holistic deal. When we talk about a change that is being framed within the context of transitioning from the EU-derived systems of environmental impact assessments and strategic environmental assessments—I have only read what is in the papers; I am sure the Minister has, too—any area that is encapsulated within that wider deal may affect this domestic legislation going forward, so I would appreciate his writing to us on that.

By expanding the geographical scope within that derived system, the clause allows for a more holistic consideration of environmental impacts, including transboundary and global effects, as the Minister has outlined, which are particularly relevant in an era of climate change, biodiversity loss, and other interconnected environmental challenges. The broadened scope may be seen as a progressive move, enabling regulators to take a more comprehensive view of environmental harm such as greenhouse gas emissions or marine pollution, which can extend well beyond national borders. It aligns with growing international expectations that environmental assessments account for broader spatial impacts, enhancing the credibility and robustness of the UK’s post-Brexit environmental governance framework, although that is potentially subject to change by the Government.

Although the clause strengthens the theoretical scope of environmental assessments, it does not clarify the practical mechanisms by which the likely significant effects beyond the UK will be evaluated or enforced. Without that clear guidance, the broader remit could become more symbolic than operational, risking inconsistencies in application. Bearing in mind the time, I would appreciate it if the Minister could briefly come back on those points, and then we would be content not to vote against the clause.

[Matthew Pennycook]

In speaking to the clause, I stressed that the purpose is to ensure that the new system of environmental outcomes reports introduced by the Levelling-up and Regeneration Act, which this Government are committed to proceeding with, is compliant with all our international obligations. I mentioned, for example, the Espoo convention. The UK is party to that convention, and thus all development must consider whether the project will have likely significant effects on the environment in other states that are also party to it. I understand the shadow Minister’s points, but this is a non-controversial clause that simply ensures that once we bring the new system into force, it is compliant with all our international obligations.

Planning and Infrastructure Bill (Tenth sitting)

Paul Holmes Excerpts

Committee stage
Thursday 15th May 2025 Public Bill Committees

[Gideon Amos (Taunton and Wellington) (LD)]

It is a privilege to continue to serve the Committee with you back in the Chair, Mrs Hobhouse. The mitigation hierarchy is incredibly important. In fact, the Liberal Democrats were aiming to put down an amendment very similar to this one, but the hon. Member for North Herefordshire beat us to it—congratulations to her on that.

Clearly, the mitigation hierarchy is an important feature of the playing system, which has endured for a long time. One of the principal concerns with EDPs is that they will not ensure that oversight measures are taken first and foremost. The principle of “first do no harm” must guide everything we do in protecting the environment and in dealing with development that may affect the environment. We will support the amendment.

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Mrs Hobhouse; welcome back to the Committee. Good afternoon to all colleagues.

We are generally supportive of clause 61; I recognise the intent behind the amendment, but I would like to speak to clause 61 stand part. Although the clause introduces a streamlined mechanism for fulfilling environmental requirements, it raises several questions that I shall put to the Minister on some of the detail. My hon. Friend the Member for Ruislip, Northwood and Pinner may have some specific questions too.

First, the discretion given to Natural England to accept or reject a developer’s request lacks clarity. There are no outlined criteria or standards for decision making, which could lead to an inconsistent or opaque outcome. I ask the Minister: what criteria will Natural England use to accept or reject a developer’s request to pay the levy? Does he think there needs to be more specificity in the accompanying regulations, if not in the Bill?

Secondly, although the clause references charging schedules and payment phasing, it does not address how those charges are calculated or whether they reflect the environmental impact of the development. Could the Minister assure the Committee—not necessarily today or in the legislation—how he will provide more specific details on the charging regime? Without that, there would be a risk of turning the levy into a transactional tool rather than a meaningful mechanism for ecological restoration. Additionally, there is no mention of how Natural England will ensure that payments are effectively translated into real conservation outcomes. Without clearer safeguards, the process could be perceived more as a pay-to-proceed option than as a robust tool for environmental accountability. If the Minister could provide some specifics on those two main points, we would be content to support clause 61.

[David Simmonds (Ruislip, Northwood and Pinner) (Con)]

It is a pleasure to serve with you in the Chair this afternoon, Mrs Hobhouse. I wanted to set out briefly the views of the Opposition, in addition to what my hon. Friend the Member for Hamble Valley has said.

Recently, we listened to views from those with specialist experience in this context. There are a number of ways in which issues about biodiversity net gain and protected species may feature, with the relevant protections, as a consequence of the legislation. Although amendment 54 sets out some reasonable points, it does not address them sufficiently. In particular, there is potential scope to bring some of it within the Wildlife and Countryside Act 1981 provisions, which would enable in many cases more effective enforcement powers than under the existing habitats regulations.

We acknowledge the Minister’s point that it will be important for those responsible for biodiversity net gain and for considering the mitigation hierarchy to be able to deploy the resources that flow from these different types of agreements in a way that reflects the broader national responsibility, rather than a site-by-site basis. That additional flexibility would be required, and we are therefore likely to seek further amendments later in the Bill’s passage that address the specifics of those concerns.

--- Later in debate ---

[Paul Holmes]

I am grateful the Minister for his comments on amendment 129. All I would say to the Minister in the name of my hon. Friend the Member for Keighley and Ilkley is once bitten, twice shy.

I have a couple of questions for the Minister on clause 63. The clause delegates significant discretion to the Secretary of State, without setting out guiding principles or safeguards. Although the Minister said that regulations will be forthcoming—I am grateful to him for confirming that they will be subject to the affirmative procedure—there remain some important unresolved issues in the Bill. That includes how liability will be shared in complex developments involving multiple parties, or how the timing of liability will interact with project phasing and financial planning.

Without that clarity, there is a real risk of legal uncertainty for developers and of inconsistency in enforcement. I hope the Minister will bear that in mind when the Bill receives Royal Assent and he goes away to look at regulations for affirmative scrutiny in this House. A more robust approach would involve the Bill at least outlining the key principles that will to guide the development of the regulations, ensuring that they are applied fairly, consistently and with due regard to the practical realities of development delivery.

[David Simmonds]

Does my hon. Friend agree—he is making this point very clearly—that the risk with this process, and with the lack of clarity around the process behind the regulations, is that it will increase the number of permissions being delivered that are not viable? Essentially, all the money is coming from the same pot, and the developer will say to the local authority and Natural England, “You can have the kids or you can have the bats, but you can’t have both.” If the developer has to pay for both, the scheme becomes non-viable. We will simply end up with more units that cannot be built.

[Paul Holmes]

My hon. Friend will not be surprised that I entirely agree with him, which is why, along with my hon. Friend the Member for Broxbourne, we make a dream team that is in fast competition with the Minister. He should watch this space—it is four years and counting. [Interruption.] I am joking with the Minister.

What I would say to my hon. Friend is that that is the key reason why we have concerns about clause 63. We understand the Minister’s intentions, and we will not press the amendment to further complicate the clause. However, we are concerned that the lack of clarity in the Bill could, in a very complex EDP involving multiple parties, damage the clause’s intent to enhance environmental protection. The number of planning permissions going through could increase, but the end result would actually be that the delivery was not there. That is a key area where the Minister needs to look at strengthening the wording in the Bill. That aside, we will not push our amendment to a vote.

[Matthew Pennycook]

Let me make a couple of comments in response. First, I understand the point that has been made, but a fair amount of the detail will come through regulations. The House will have an opportunity to scrutinise those, and they will, as I said, be under the affirmative procedure. Secondly, to refer the shadow Minister back to clause 62, I think issues such as phasing and complex development are dealt with in subsection (2).

My other, wider point goes perhaps not to the kids in schools, but certainly to the species that existing arrangements are designed to provide for. Developers are already paying a separate type of fee to discharge their environmental obligations. The Bill proposes a smarter way of doing that, and the levy will proceed on the basis of that smarter way to discharge those obligations.

I have not had the chance to say this, and it is worth doing so, but it is the Government’s clear intention that the aggregate cost of conservation measures to developers under an EDP is no greater than it is under the status quo for existing mitigations. The Government’s intent is not to charge developers more. This is a more effective, strategic and efficient way to discharge existing environmental obligations on a strategic scale. However, further detail will be forthcoming.

Question put and agreed to.

Clause 63 accordingly ordered to stand part of the Bill.

Clause 64 ordered to stand part of the Bill.

Clause 65

Appeals

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

[Matthew Pennycook]

Clause 65 will allow a right of appeal in relation to the calculation of the amount of the levy payable by a developer. As environmental delivery plans include charging schedules, which can set out the levy rates for different types of development, there is a need to ensure that there is a route for developers to appeal if they believe that the levy payable has been miscalculated. Crucially, the levy rates will be part of the draft environmental delivery plan, which will provide clarity as to the cost for developers, but we want to ensure that if developers believe that the rate has been miscalculated, they have a right to appeal. The appeal process will be set out in regulations, and the clause provides the detail of what those regulations may include. This is a simple and straightforward clause, and I commend it to the Committee.

[Paul Holmes]

I have a brief question. I understand that the Minister wants to bring forward regulations backed by the affirmative procedure, and that is welcome. I am slightly concerned by the wording in subsection (3):

“In any proceedings for judicial review of a decision on an appeal, the defendant is to be such person as is specified in the regulations (and the regulations may also specify a person who is not to be the defendant for these purposes).”

I seek reassurance from the Minister that once the Bill receives Royal Assent, he will err on the side of being liberal about who can bring an issue to judicial review, and that he will not seek to restrict a category of person from taking such actions. I would be grateful if he could give that assurance.

[Matthew Pennycook]

I appreciate—as, no doubt, the development sector will—the hon. Gentleman’s concern for developers and the right of appeal. I do give him that commitment. I will go away and think about the point he raises.

Question put and agreed to.

Clause 65 accordingly ordered to stand part of the Bill.

Clause 66

Use of nature restoration levy

--- Later in debate ---

[Ellie Chowns]

I fully support this.

[Paul Holmes]

We will not press amendments 130 to 132, tabled by my hon. Friend the Member for Keighley and Ilkley, to a vote. On clause 66 more generally, we accept that it sets out how funding collected by Natural England through the nature restoration levy must be used. In broad terms, it is to be spent on relevant conservation measures, as well as on the administrative costs that arise. However, there is an absence of clarity that could lead to potential concerns about the transparency and accountability of fund distribution. Without clear guidelines, there is a risk that administrative costs could disproportionately consume the funds meant for conservation, thereby undermining the levy’s effectiveness in achieving its environmental objectives.

Furthermore, we have a concern that the clause provides no safeguards to ensure that the funds are spent efficiently or effectively, and nor does it establish any oversight mechanisms to monitor the use of the funds. We would argue that a more detailed breakdown of how the funds will be managed, with clear priority given to conservation over administration, would help build trust in the system and ensure that the nature restoration levy delivers the intended environmental benefits.

Additionally, and lastly, there should be a requirement for periodic reporting on how the funds are used, which would provide necessary transparency and reassurance to stakeholders.

[Matthew Pennycook]

Let me work through each of the amendments that have been tabled and spoken to. I will start with amendment 9, which was tabled and set out by the hon. Member for Taunton and Wellington. It requires that funds gathered through the nature restoration levy be spent without unreasonable delay.

An environmental delivery plan will have had to meet the overall improvement test, as we have debated at length, to have been made. In designing the conservation measures in an environmental delivery plan, Natural England will have been aware that delivering measures at the earliest point in time is usually the easiest way to achieve that outcome. However, the appropriate timing to deliver a conservation measure may depend on the specific circumstances of each case and the nature of the conservation measures that represent the best outcomes for the environment in the view of Natural England, as the body preparing the EDP. Natural England’s discretion in these determinations should not, in our view, be unduly restrained by an obligation to spend money quickly, rather than well and effectively, to achieve the outcomes under the EDP. There is an option for Natural England to establish—

--- Later in debate ---

[Paul Holmes]

The hon. Gentleman knows that I have asked the Minister to be more specific about the proposed regulations, and I am looking forward to scrutinising them. However, I still think amendment 6 is very broad, including the language about how the

“levy must be paid before development begins.”

To help my colleagues and me, it would be useful if the hon. Gentleman elaborated on whether that will be the day before development begins. Can he set out what “before” actually means? It is a very broad term.

[Olly Glover]

The shadow Minister asks a valid question, and, as with a number of details in the Bill, further thought will be required about mechanisms for how things should work. But we think that it is possible to give the definition that he asks for, and that that should be done in specific agreements around nature restoration levies associated with relevant developments. It should be made clear that the value that will be paid into them should be paid up front, rather than during or after.

[Paul Holmes]

I am grateful for the useful clarification.

I rise to speak to clauses 67 and 68. As I have outlined to the Minister, we are concerned that a number of these clauses in the 60s—if I can refer to them as a group—are very broad in scope. The Minister will say to me that we will come on to scrutinise that, and he has confirmed that the affirmative process will apply. I fully accept that, but it concerns me that the broad brushstrokes in the Bill do not have meat to their bones.

The Liberal Democrat spokesman, the hon. Member for Didcot and Wantage, has made a genuine point about democratic accountability and oversight. In a previous amendment, it was proposed that an independent body should be overseeing some of the actions in Natural England. I gently say to the Liberal Democrats that it is clear from this group of clauses that Natural England is being supervised, instructed and scrutinised by the democratically elected Secretary of State. So two clear bodies, if I can call the Secretary of State or their office a body, are providing scrutiny. It would be a very dangerous precedent to legislate to essentially protect the public from a democratically elected Secretary of State, just because somebody is fearful about where they come from, what party they represent or their policies.

--- Later in debate ---

[David Simmonds]

My hon. Friend is setting out the concerns eloquently. The Minister was clear earlier that the Government’s expectation is that this system will raise no net additional funds compared with the existing one, so the cost to the developers will be no different. The implication is that there will be no significant additional resource, if any, for Natural England to deploy as a result. Does my hon. Friend share my concerns that that raises a serious question about its capacity to do the work that is outlined in the Bill?

[Paul Holmes]

I absolutely agree with my hon. Friend. We heard evidence from the chief executive of Natural England, and in case she is listening, I say again very clearly that I make no imputation about the way she or the organisation are doing their job, but the language that she used was very loose. Without that financial certainty, there is a question about whether the organisation will be able to cope with all the responsibilities that the hon. Member for Taunton and Wellington outlined. As my hon. Friend just mentioned, the Minister has also admitted—if he wants to intervene, that is fine—that no additional funding means that Natural England will be relying on the spending review even more than we thought at the beginning of the evidence session.

[Matthew Pennycook]

indicated dissent.

[Paul Holmes]

The Minister is shaking his head, so I will give way.

[Matthew Pennycook]

I am shaking my head, for the following reasons. I have made it clear that the nature restoration fund will ultimately work on the basis of full cost recovery. To be clear, these are costs for introducing compensation measures and discharging environmental obligations that Natural England at present does not handle; developers do them on a site-by-site basis. Although I do not underestimate the resourcing challenges across Government, the full cost recovery for the service provided will not impact on Natural England’s wider work. There will be full cost recovery for the preparation and delivery of environmental delivery plans for Natural England. I hope that that addresses the matter.

In that sense, I do not think the shadow Minister is right to say that we are giving Natural England an additional responsibility, on top of its existing responsibilities, outside the provisions of the Bill here, for which full cost recovery will apply. There is a specific, direct link with the levy that is going to be raised.

Broadly, I say to the shadow Minister—I am just flicking through the explanatory notes—that he has challenged me, and I accept the challenge, that there is not enough specificity in the regulation-making powers in the Bill. I have committed to regulations coming forward under the affirmative procedure. If he could go away and help my reflection by guiding me to another piece of legislation that has included the specificity around regulation-making powers that he would like to see, that would very much aid my deliberation.

[Paul Holmes]

I am a very aspirational, can-do, go-getter politician—[Interruption.] Yes, it is everyone else who needs to say that. I am willing to sit down with the Minister and guide him in any way I can—perhaps over a double espresso—to make sure that the gist of what the Bill seeks to achieve is matched in the specificity about what is required in regulations. I do not think I am being ungenerous to the Minister; I have accepted that he has been very good in saying that we will consider them under the affirmative procedure. But as we discuss the key driving force behind the Bill, we seek reassurance on some of the unclear elements of Natural England’s responsibilities.

The Minister, who is driving this legislation forward, could indicate to the Committee verbally or in writing afterwards where he will give more specifics on enforcement action, on costs, on raising powers and on other things. I am not being mean to him; I am just saying that if he spent years writing this while he was shadow Minister, he should know what he wants Natural England to do now that he is Minister. I have full confidence that he can do that, and I cannot be any more complimentary to him than I have been on this Committee.

[Matthew Pennycook]

As complimentary as the shadow Minister is being about me, I think it is a stretch—even for someone such as myself, who has lived and breathed this for years—to have been setting out while in opposition the fine details of collection for nature restoration levy regulations forthcoming. That is a level of detail that I did not get into, and would not be expected to, and that the House can consider when those regulations come forward.

[Paul Holmes]

If the Minister has lived and breathed this for the many years for which he has wanted to write this legislation, and he has then got to the dizzying heights of a red box and a ministerial desk, he should know what he wants to do—

[The Chair]

Order. Much as a bit of banter is fun, we need to get on with getting through the agenda for today.

[Hon. Members]

Hear, hear!

[Paul Holmes]

At the insistence of the general noise coming mostly from Government Members, I will plough on. The serious point behind what I was saying is that the Conservatives, alongside the Liberal Democrats, do have some concerns about the regulations and the responsibilities of Natural England.

On clause 68, we welcome the ability to make payments in instalments or in forms other than money. That provides some adaptable and accessible elements for developers. However, we worry about the overburdening of other public bodies that might be asked to pay into this fund. We would argue that some of the process is not clearly defined. On enforcement, the clause lacks specifics regarding the consequences for late or failed payments. Additionally, it does not address how flexibility will be built into the enforcement process for developers. We think that developers deserve clarity about that.

Although we had a brief moment of levity earlier, there is a serious point about the responsibilities. We hope the Minister will be able to respond to our concerns.

[Ellie Chowns]

I will be brief. I strongly support amendment 6, tabled by the hon. Member for Taunton and Wellington. Accepting the amendment would go a long way towards addressing the concerns about enforcement, late payment and so on. Let us adopt it.

--- Later in debate ---

[The Chair]

Before I put the question, I would like to make hon. Members aware that we have now debated clauses 73 and 74, on which I will put the question later today. We have also already debated new clauses 65 and 67 to 78, on which a question will be put at the end of proceedings next week.

Question put and agreed to.

Clause 71 accordingly ordered to stand part of the Bill.

Clause 72

Power to acquire land compulsorily

[Paul Holmes]

I beg to move amendment 150, in clause 72, page 101, line 7, at end insert—

“(2A) The power under subsection (1) may not be exercised in relation to land which is, or forms part of, a legally occupied dwelling or a private garden.”

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

Government amendments 112 to 118

Schedule 5

New clause 107—Return of compulsorily purchased land—

“(1) Natural England must return land acquired under a compulsory purchase order to the person from whom it was compulsorily purchased where the following conditions have been met—

(a) the owner of the land has refused to agree to a contract offered by Natural England;

(b) any works specified under the contract have been undertaken on behalf of Natural England and relate to an environmental development plan;

(c) a compulsory purchase order has been made by Natural England in relation to the land; and

(d) the cost of work undertaken on the land by Natural England exceeds the value of the contract offered by Natural England to the owner.

(2) When returning land under subsection (1), Natural England must not—

(a) impose any charge on, or

(b) require any sum from,

the person from whom the land was compulsorily purchased.”

[Paul Holmes]

You will be pleased to hear, Mrs Hobhouse, that I will be very brief. I just want to ask some questions and speak to amendment 150 and the clause. I will also speak to new clause 107. I will listen to the Minister’s answers before deciding whether to divide the Committee on the amendment.

We know that clause 72 gives Natural England the power compulsorily to acquire land, including “new rights over land”, subject to authorisation by the Secretary of State. Although this provision ensures that Natural England can secure the necessary land for environmental conservation and restoration projects, the use of compulsory land acquisition raises several concerns. The Minister should not be surprised to hear that, because we have raised them before.

First, compulsory acquisition can have significant social and economic impacts on landowners, potentially displacing communities or affecting livelihoods. A clear and transparent process must be in place to ensure that landowners are fairly compensated and that their interests are adequately considered, yet the clause does not specify the conditions in which the compulsory powers will be exercised, which could lead to concerns about the fairness or necessity of such actions.

The requirement for authorisation by the Secretary of State introduces an additional layer of oversight that might provide a safeguard against the misuse of these powers, but the clause would benefit from more detail of the criteria and process for granting authorisation, to ensure that the Secretary of State's decisions are transparent, accountable and based on clear, consistent guidelines. Without such clarity, there is a risk of arbitrary or inconsistent use of compulsory acquisition powers. That is notwithstanding the defence that I gave, believing that the Secretary of State should have those powers in earlier clauses.

The clause also does not address potential challenges from landowners or local communities affected by the acquisition, such as disputes over compensation or the environmental justification for land use. It would be beneficial to outline a clear appeals or mediation process to resolve such issues, which I know we come on to later in the Bill. Overall, while the power to acquire land may be necessary for some conservation efforts, careful safeguards are required to avoid potential negative consequences and to ensure that the power is exercised appropriately and fairly.

Amendment 150 stands in the name of the shadow Secretary of State for the Environment, my right hon. Friend the Member for Louth and Horncastle. I would not say this is a probing amendment, but will the Minister clarify the parameters on the exercise of a compulsory purchase order when it comes to

“a legally occupied dwelling or private garden.”?

We do not expect him to completely eradicate the use of such an order, but we would appreciate his guidance on where the regulations point in respect of when Natural England should and could be able to take private dwellings in a CPO process.

Turning to new clause 107, I note, in the interests of transparency, that I do not think we will move the clause, but we want to press the Minister as we remain concerned about compulsory purchase. We believe that compulsorily purchased land should be returned to the person from whom it was compulsorily purchased if certain conditions are met. Those are that

“the owner of the land has refused to agree to a contract offered by Natural England”—

that gives power to the individual—

“any works specified under the contract have been undertaken on behalf of Natural England and relate to an environmental development plan…a compulsory purchase order has been made by Natural England in…relation to the land; and…the cost of work undertaken on the land by Natural England exceeds the value of the contract offered by Natural England to the owner.”

I hope the Minister sees why we have tabled the amendments. I am not being obtuse, Mrs Hobhouse, in not saying yet whether we will push them to a vote. I would like to hear what the Minister has to say about them, but as soon as we have, we will give you a steer.

[Matthew Pennycook]

I understand why the shadow Minister has sought to press me on this point, as I hope I have conveyed on previous clauses where we have touched upon compulsory purchase. We expect Natural England to use compulsory purchase orders as a last resort, and subject to appropriate scrutiny and oversight. It will need to be authorised by the Secretary of State. I hope I can reassure him up front that Secretary of State oversight of the CPO process, as it applies through the nature restoration fund, is the same as in the existing process. Schedule 5 makes it very clear that the Acquisition of Land Act 1981 applies.

More generally, clause 72 provides Natural England with powers to compulsorily purchase land. As we have set out throughout this sitting, to be successful in delivering a win-win for nature and the economy, it is vital that Natural England has the necessary powers to secure and implement the conservation measures needed to protect the environment and enable Britain to get building. Although it is necessary to equip Natural England with those powers to ensure conservation measures can be delivered, they can be used only if the land is required for the purposes connected with a conservation measure set out in an environmental delivery plan, where attempts to acquire land by negotiation have failed, and where there is a compelling case in the public interest for use of the compulsory purchase powers.

As a further safeguard, the use of those powers will need to be authorised by the Secretary of State. Equipping Natural England with compulsory purchase powers is not unusual or novel. I sought to address that point on Second Reading. Many public bodies with statutory powers have compulsory purchase powers, and Natural England can already make compulsory purchase orders in some circumstances.

Clause 72 is supported by schedule 5, which applies the Acquisition of Land Act 1981 and makes necessary modifications to compulsory purchase compensation legislation to accommodate these changes. Government new clauses 112 to 118 support this approach to compulsory purchase by making a number of technical amendments to ensure the operability of the new powers. That includes protections in respect of the use of CPO powers where the use of them may affect those carrying out statutory functions.

Finally, the package of amendments removes certain terms that are a hangover from outdated regulations and makes adjustments to the Compulsory Purchase Act 1965 to allow for powers of entry where notice has been given. As the Committee has already heard, the Government have taken a cautious approach to extending compulsory purchase powers but are clear that they need to be available in the context of the nature restoration fund to ensure that there is sufficient certainty that, where necessary and appropriate, compulsory purchase can be used to ensure conservation measures are delivered.

I turn now to amendment 150, tabled by the right hon. Member for Louth and Horncastle (Victoria Atkins), which would restrict Natural England from utilising compulsory purchase powers for land that forms part of a dwelling or private garden. If I heard the shadow Minister correctly, it is a probing amendment, but I am more than happy to provide him with some further detail on the Government’s position. We agree that it will be crucial for the use of compulsory purchase powers to be appropriately constrained. That is why we have made sure that the current clauses provide that these powers can be used only where attempts to acquire land by negotiation have failed and there is a compelling case in the public interest for use of the compulsory purchase powers.

That is supported by the further safeguard that the use of the powers will need to be authorised by the Secretary of State, which will include considering whether the public interest benefits of the acquisition justify interfering with the private rights of those affected. It is highly improbable that conservation measures in private gardens could form an ecologically essential component of an environmental delivery plan. I do not say it would be impossible, but it is highly improbable.

Any restriction, however, of the use of the power where land contains an occupied dwelling or forms part of a private garden would be an unusual restriction on CPO powers, and would introduce unnecessary risks of complexity and delay when they are exercised. Any private dwellings will already benefit from additional protections, as I am sure the shadow Minister will know, under article 8 of the European convention on human rights. For that reason, and the existing safeguards within the Bill itself, I hope that the shadow Minister will withdraw the right hon. Lady’s amendment.

Finally, I turn to new clause 107, which would provide for circumstances where Natural England must return land that has been compulsorily purchased. In providing Natural England with new powers to acquire land through compulsory purchase, the Government have been at pains to ensure that the powers operate with effective safeguards, as I have said, and are in line with the wider approach to compulsory purchase. As raised elsewhere in the debate, we are clear about the need to ensure that Natural England can, where appropriate, use such powers to secure land to deliver conservation measures.

The new clause would undermine the efficacy of the proposed targeted powers by requiring land to be returned, at a loss to the taxpayer, where Natural England had to spend more money on conservation measures than the original contract price offered to the landowner. That would leave a hole not only in the public purse but in the environmental delivery plan in question, which would need to secure additional land to implement additional conservation measures that would have been secured on land now returned to the original owner.

We share the desire of the shadow Minister to see the effective use of the powers—that is why the safeguards are in place—but I hope that, with that explanation, he will withdraw the amendment.

[Paul Holmes]

We are satisfied with and appreciate the Minister’s response, so I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 72 ordered to stand part of the Bill.

Schedule 5

Compulsory acquisition of land under Part 3: supplementary provisions

Amendments made: 112, in schedule 5, page 148, line 36, at end insert—

“5A (1) Paragraph 3(2) does not apply to—

(a) any right vested in statutory undertakers for the purpose of carrying on their undertaking,

(b) any apparatus belonging to statutory undertakers for that purpose,

(c) any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or

(d) any electronic communications apparatus kept installed for the purposes of any such network.

(2) In sub-paragraph (1) ‘statutory undertakers’ means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and ‘undertaking’ is to be read in accordance with section 262 of that Act (meaning of ‘statutory undertakers’).”

This amendment secures that the things mentioned in the inserted paragraph 5A are not affected by paragraph 3(2) of Schedule 5, which would otherwise provide for their extinguishment or acquisition when land is compulsorily acquired under clause 72.

Amendment 113, in schedule 5, page 152, line 10, leave out “or restrictive covenant”.

This amendment and amendment 114 remove erroneous references to a restrictive covenant from paragraph 11 of Schedule 5. Paragraph 11 relates only to the compulsory acquisition of a new right over land under clause 72.

Amendment 114, in schedule 5, page 152, line 14, leave out “or enforcing that covenant”.

See the explanatory statement for amendment 113.

Amendment 115, in schedule 5, page 152, line 14, after “sections” insert

“11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date),”.

This amendment secures that the modification of section 11 of the Compulsory Purchase Act 1965 made by paragraph 11 of Schedule 5 affects sections 11A and 11B of that Act, as well as sections 12 and 13.

Amendment 116, in schedule 5, page 152, line 29, at end insert—

“New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981

13A The Compulsory Purchase (Vesting Declarations) Act 1981 (‘CP(VD)A 1981’) applies to the compulsory acquisition of new rights under section 72—

(a) with the modifications specified in paragraph 13B; and

(b) with such other modifications as may be necessary.

13B (1) The modifications of CP(VD)A 1981 referred to in paragraph 13A(a) are as follows.

(2) References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—

(a) the right acquired or to be acquired; or

(b) the land over which the right is, or is to be, exercisable.

(3) References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 72.

(4) Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—

(a) a general vesting declaration in respect of any right vests the right in the acquiring authority on the vesting date; and

(b) as from the vesting date, the acquiring authority has power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right as if the circumstances mentioned in paragraph (a) and (b) of section 8(1) had arisen.

(5) Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.

(6) In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 11 of this Schedule.

(7) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—

(a) in paragraph 1(1), for ‘part only of’ there were substituted ‘only the acquisition of a right over’;

(b) paragraph 1(2) were omitted;

(c) references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired;

(d) references to the additional land were to the house, building or factory over which the right is proposed to be exercisable;

(e) in paragraphs 14 and 15, references to the severance of land proposed to be acquired were to the acquisition of the right; and

(f) in paragraph 15, after ‘in addition to’ there were inserted ‘or in substitution for’.”

This amendment secures that the Compulsory Purchase (Vesting Declarations) Act 1981 applies in relation to the compulsory acquisition of a new right over land under clause 72, subject (a) to the specific modifications in paragraph 13B (designed to secure that certain provisions of that Act work correctly in relation to that case and (b) any other modifications necessary to secure that result.

Amendment 117, in schedule 5, page 152, line 32, leave out

“with the necessary modifications, in”

and insert “—

(a) with the modification specified in paragraph 15, and

(b) with such other modifications as are necessary,

in”.

Paragraph 14 of Schedule 5 secures that the enactments relating to compensation for the compulsory purchase of land apply to the acquisition of new rights over land under clause 72 with the modifications necessary to make them work correctly in relation to that case. The amendment makes clear that the modifications include the particular modification of the Land Compensation Act 1961 set out in the new paragraphs 15 inserted by Amendment 118.

Amendment 118, in schedule 5, page 152, line 35, at end insert—

“15 Section 5A (relevant valuation date) of the Land Compensation Act 1961 is to be read as if for subsections (5A) and (5B) there were substituted—

‘(5A) If—

(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 11 of Schedule 5 to the Planning and Infrastructure Act 2025),

(b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 9 of Schedule 5 to the Planning and Infrastructure Act 2025) to acquire an interest in the land, and

(c) the acquiring authority enters on and takes possession of that land,

the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.

(5B) If—

(a) a right over land is the subject of a general vesting declaration,

(b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and

(c) the vesting date for the right is different from the vesting date for the interest in the land,

the first of the vesting dates is deemed for the purposes of subsection (4)(a) to be the vesting date for the whole of the land.’”—(Matthew Pennycook.)

This amendment sets out a modification of section 5A of the Land Compensation Act 1961 as it applies in relation to the compulsory acquisition of new rights over land under clause 72. The amendments ensure that section 5A works correctly in relation to its application to the acquisition of such new rights.

Schedule 5, as amended, agreed to.

Clauses 73 and 74 ordered to stand part of the Bill.

Clause 75

Duty of co-operation

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

[The Chair]

With this it will be convenient to discuss the following:

Clause 76 stand part.

Government amendments 103 and 104.

Amendment 121, in schedule 6, page 157, line 34, leave out paragraph 41.

Government amendments 105 to 111.

Schedule 6.

Clause 77 stand part.

Government amendments 99 and 100.

Clause 78 stand part.

Government new clause 73—Application to the Crown.

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.)

Planning and Infrastructure Bill (Eighth sitting)

Paul Holmes Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[Olly Glover]

I rise to support amendments 30, 28 and 1. Chalk streams, such as Letcombe brook in my Didcot and Wantage constituency, are a precious habitat, as the hon. Member for North Herefordshire eloquently articulated. The Letcombe Brook Project, set up in April 2003, has done a huge amount of work—mostly through volunteers—to enhance and protect its natural beauty. It is important that the Bill is amended to specifically protect chalk streams and local wildlife sites. That is not just my opinion as a humble Liberal Democrat Back Bencher; in the oral evidence sessions and the written evidence we heard from organisations such as the Wildlife and Countryside Link, the National Trust, the Woodland Trust and Butterfly Conservation, who are all gravely concerned that the Bill does not include enough safeguards.

In addition to the Letcombe Brook Project in my constituency, in Oxfordshire, organisations such as the Earth Trust have, in just 40 years, created precious wildlife sites that are useful for training and educating local people and children. It is important to protect those sites, which is why these amendments have been tabled, and the Bill does not go far enough.

[Paul Holmes (Hamble Valley) (Con)]

I welcome you to the Chair, Mrs Hobhouse, and echo the comments about your chairing yesterday being absolutely excellent. I am sure that, as the afternoon goes on, the Government Whip will be looking for you to be as stern as you were yesterday.

I rise to speak briefly in favour of amendment 1, tabled by the hon. Member for North East Hertfordshire, on the importance of chalk streams. I know about this issue personally, as I spent five years as the Member of Parliament for Eastleigh, which had another chalk stream in the River Itchen. As the hon. Member for Basingstoke mentioned, Hampshire has a unique ecosystem and a huge array of chalk streams.

I also pay tribute to the Hampshire and Isle of Wight Wildlife Trust, which is vociferous in making sure that hon. Members on both sides of the House who represent Hampshire constituencies know about the importance of chalk streams. I will refer to the hon. Member for Portsmouth North as well, because she is a very welcome part of our Hampshire family—even if many of my constituents would not accept that Portsmouth exists. She also knows how much the Hampshire and Isle of Wight Wildlife Trust does in the local area and for us as parliamentarians.

It is important for chalk streams to be protected. We support this well intentioned amendment, because it does no harm to have guidance to make sure that spatial development strategies refer to the unique and important ecosystems that need to be protected. I do not think it is anti-development or that it would harm or hinder activating development if needed. It is a useful step and guideline to make sure that developers take into account the areas that need to be protected.

The River Hamble, which is not a chalk stream, runs through the middle of my constituency. In that river, too, we are seeing the adverse effects of development in the parameter of the river, with water run-off and the pollution that is naturally created by the building process. The current regulatory framework is not doing enough to protect those rivers.

We are seeing our river ecosystems die. That was a heavily political subject at the last general election, and we need to do more on that issue. There are provisions in the Environment Act 2021 that give chalk streams some protection, but even though I am a Conservative who does not believe in over-regulation, I do believe that having that guidance for local authority decision makers would be helpful, which is why we support amendment 1.

[Matthew Pennycook]

I thank members of the Committee for so eloquently outlining the intent of these amendments. I will first deal with amendments 1 and 30. I very much accept the positive intent of these proposals and would like to stress that the Government are fully committed to restoring and improving the nation’s chalk streams. As the hon. Member for North Herefordshire made clear, 85% of the world’s chalk streams are found in England. They are unique water bodies, not only vital ecosystems, but a symbol of our national heritage. This Government are committed to restoring them. We are undertaking a comprehensive set of actions outside the Bill to protect our chalk streams; in the interests of time, it is probably worthwhile for me to write to the Committee to set those out in detail.

We do not believe it is necessary to include amendment 1 in the legislation, as existing policy and legislation will already achieve the intended effect. Local nature recovery strategies are a more suitable place to map out chalk streams and identify measures to protect them. Proposed new section 12D(11) of the Planning and Compulsory Purchase Act 2004 already requires spatial development strategies to

“take account of any local nature recovery strategy”

that relates to a strategy area.

Strategic planning authorities will also be required to undertake habitats regulations assessments, subject to a Government amendment to the Bill. That places a further requirement on them to assess any adverse effects of the strategy on protected sites, which, in many cases, will include chalk streams. The point I am trying to convey to hon. Members is that strategic planning authorities will already have responsibilities in relation to their protection.

[Matthew Pennycook]

I thank the shadow Minister for that point. We will come on to discuss our approach to development and the environment more generally when we reach part 3 of the Bill. In response to his specific question, it is probably best dealt with in the letter I will send to the Committee on this matter, where I can pull together a range of points. The important point I am trying to stress, for the purposes of amendment 1, is that if a strategic planning authority considers the identification and protection of chalk streams to be a matter that should be included in its SDS, proposed new section 12D(1) already makes clear that an SDS must include policies relating to the

“development and use of land in the strategy area, which are of strategic importance to that area”

so that it can be taken into account. There is nothing to prevent strategic planning authorities from including such policies in their spatial development strategies if they consider them to be of strategic importance.

As I said, we have an ongoing debate about when centralisation is appropriate or not; I assume the hon. Member for North Herefordshire will tell me that it is, in this instance, in her view. But for those reasons, we do not consider these amendments necessary to achieve the desired effect.

[Paul Holmes]

The Minister is absolutely right on this occasion. I just want to probe his comment. He outlined perfectly how, under the proposals he is bringing forward, spatial development strategies can include and incorporate the protection of chalk streams—I perfectly accept that. However, does he not accept that there is a risk that, if any of the decisions arising from the SDS are later challenged under the appeals procedure, without the national guidance that the amendments might provide, those protections might not have the full weight that they would if national regulation ensured the protection of the site? I hope he gets my gist.

[Matthew Pennycook]

I think I do, and I am happy to expand on the point. What I have been trying to convey is that local nature recovery strategies are a new system of spatial strategies for nature and the environment, which will map out the most valuable areas for nature, including chalk streams, and identify measures to protect them. Proposed new subsection 12D(11) requires spatial development strategies to take account of any local nature recovery strategy that relates to any part of the strategy area.

For the reasons I have given—I am more than happy to expand on these points in writing—I think that the well-founded concerns, which I understand, are unfounded in that respect. We believe that the amendments are not necessary to achieve the desired effect that the hon. Lady has argued for.

I turn to amendment 28. As outlined previously, I do not believe that the amendment is necessary as existing provisions in this legislation will already achieve the desired effect. Again, proposed new subsection 12D(11) already requires spatial development strategies to take account of any local nature recovery strategies that relate to any part of the strategy area. Local nature recovery strategies are required to identify areas of particular importance for biodiversity, and statutory guidance published by the Department for Environment Food and Rural Affairs is clear that they should include all existing local wildlife sites. Strategic planning authorities are therefore already required to take account of local wildlife sites in relation to the strategy area.

Similarly, existing policy already affords protection from development that would adversely affect local wildlife sites. The current national planning policy framework is clear that when determining planning applications, local planning authorities should reject applications where significant harm to biodiversity cannot be avoided, mitigated or compensated for. We therefore do not consider the amendments to be necessary.

--- Later in debate ---

[The Chair]

I call the shadow Secretary of State.

[Paul Holmes]

I beg to move amendment 78, in clause 47, page 69, line 37, leave out from “must” to the end of line 4 on page 70 and insert “consult—

(a) residents of the relevant area;

(b) businesses located in the relevant area; and

(c) representatives of those that the authority considers may have an interest in any relevant area.”

This amendment would change the existing requirement in the Bill for a strategic planning authority to notify specified parties to a requirement to consult local residents, businesses, and representative organisations.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 90, in clause 47, page 70, line 2, leave out “and”.

This amendment is consequential on Amendment 91.

Amendment 91, in clause 47, page 70, line 4, at end insert “, and

(e) persons who experience disability.”

This amendment would require strategic planning authorities to consider notifying disabled people about the publication of a draft spatial development strategy.

[Paul Holmes]

I am grateful to have been promoted to shadow Secretary of State, Mrs Hobhouse, but as soon as my colleagues and leader find out, I am bound to be sacked.

This important amendment was tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner; we have pushed the Minister on this issue on Second Reading and other occasions. Throughout the passage of the Bill, the Minister has made clear his strength of feeling about the measures and the amendments that he has tabled on the planning system, and about the radical reforming zeal that they will deliver to people across the country, through a centralised national approach to amending our planning system.

However, the Minister does not want the scrutiny for local people that goes with that. Proposed new section 12H(3) states that

“the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy—

(a) voluntary bodies some or all of whose activities benefit the whole or part of the strategy area”,

as well as a number of other organisations. We agree with the Minister that the development strategies will be wide-ranging in their impact on local communities, but if the Minister believes that, he should also believe that the people affected by them should be consulted. He should believe that those people should have their say on whether the development strategies have been drawn up in the right way, whether they contain what they should contain and whether they perhaps contain too much.

We just discussed the importance of chalk streams, and the Minister said that there is nothing to stop authorities from putting protections for chalk streams in a strategy. However, the Bill states that these organisations “at least” have to be notified—there are people who do not have to be notified. We believe that there should at least be some consultation exercise on the detail of the draft spatial development strategy put forward by the strategic planning authority. Something as important as that should be consulted on.

In discussing chapter 2, the Minister has outlined that local people are important and that spatial development strategies are vital to ensuring that development and planning are delivered in a radical, efficient and much more concrete way. That is why we tabled this amendment. We believe that the Minister should be bold. If he thinks that the measures in the Bill are as radical as he says and that they will wholeheartedly deliver on the infrastructure and the local base-led planning system he so wants, he should be confident in allowing the people that the Bill affects to have their say and be able to share and bask in the glory of the radical agenda he is bringing through. We believe that consultation is a good thing and, as we have said on previous amendments, constituents and local people should be able to shape what they want and do not want within them.

[Rachel Taylor (North Warwickshire and Bedworth) (Lab)]

The shadow Minister is making important points about how we consult the public, but we heard clearly from him this morning that that was the role of local councillors. I refer him to new section 12I to the Planning and Compulsory Purchase Act 2004, which provides that any spatial development strategy must be examined by the public. Another layer of consultation would be an unnecessary addition when there is already in-built public consultation in the Bill.

[Paul Holmes]

I genuinely thank the hon. Lady for that intervention. She has clearly examined the Bill, which is such a big piece of legislation—in the right way. I simply say that an examination of and consultation on the creation of a spatial development strategy would not always have what people want in it, or do not want in it, as its ultimate end goal once the draft has been put together. When a draft spatial strategy has been put together, people should be able to have their say on it.

The hon. Lady will know from her previous career, as I do from mine, that when people want to have their say on something in a consultation that an authority proposes, some will be happy—maybe they are getting what they want from it—but some will never be happy. They will always want to grumble; we have all had a few of those in our inboxes. However, we believe it is right that once something as key and new as these strategies is brought together, local people should be able to have their say.

The hon. Lady is absolutely right that there is a requirement on strategic planning authorities to consult prior and during. We are saying that once the draft strategy is put forward, it is crucial that local people have their chance to have a say. If a strategic planning authority is confident that it has made the right decision on a local development based on the consultations it has already done, it should not be scared or hindered by a consultation to see what happens in respect of the finished product.

[Lewis Cocking (Broxbourne) (Con)]

The shadow Minister is making some eloquent points. Does he agree that if the Government are intent on bringing in a national scheme of delegation, and changing the role of the planning committee and how councillors interact with the planning process, even more consultation should be done at the stages he is describing so that we can ensure that residents still get their say over development in their area?

[Paul Holmes]

Yes. We had a significant debate yesterday on what I said was the Government’s centralising zeal in taking powers away from locally elected politicians. Many Opposition Members agree with me. The Opposition tabled an amendment that would not have allowed to go ahead something as large-scale being put together by a strategic planning authority, created by the Government, but the Minister won. We believe people should be consulted.

As I said to the hon. Member for North Warwickshire and Bedworth, it is vital that when there is a democratic deficit—we fundamentally believe that one is being created by other aspects of the Bill—local people should have the right to be consulted on the end product. That is why I say this to the Minister, slightly cheekily, but with a serious undertone. As I said in a Westminster Hall debate, he is the forward-looking planner of our time, and I know he gets embarrassed about these things—he is blushing—but nobody in the House of Commons is more deserving of the role of Housing Minister. He worked hard on the role in opposition, and he comes from a space of wanting to reform the system. We accept that, but sometimes his reforms have consequences, and if those reforms are so good, he should not be afraid to allow the people who elected him to his place and the Government to their place to have their say on something as radical as this change.

[Gideon Amos]

I rise to speak to amendments 90 and 91—hon. Members will be pleased to hear that I will be brief. We have significant concerns about community involvement in consultation and about many of the points that have just been made. I have more to say on all that for the next group, in which we have tabled an amendment to make those points.

Amendments 90 and 91 would simply ensure that disabled people are consulted in the preparation of spatial development strategies. The Equality Act 2010 includes a public sector equality duty: a duty on public authorities to advance equality and eliminate discrimination. That implies that disabled people should be consulted on spatial development strategies in any case. The Housing, Communities and Local Government Committee’s report on disabled people in the housing sector said:

“Despite the cross-government effort to ‘ensure disability inclusion is a priority’…we have found little evidence that the Department for Levelling Up, Housing and Communities is treating disabled people’s needs as a priority in housing policy.”

We need to make sure that the voices of disabled people are heard in the preparation of spatial development strategies.

--- Later in debate ---

[Matthew Pennycook]

In the interests of making progress, let me say that I have understood the hon. Lady’s point, and will happily go away and reflect on it, but we do not think the amendment is necessary. For the reasons I have set out, we will resist the amendment if she presses it to a vote. As I said, I am more than happy to reflect on her point; she has made it very clearly and it has been understood.

[Paul Holmes]

The Minister is being very clear in his position on the amendments, but I have extreme sympathy for, and agreement with, the hon. Member for Hereford north.

[Ellie Chowns]

North Herefordshire.

[Paul Holmes]

I am sorry about that. I am not very good at geography; I did not teach it at university.

I hope the Minister takes these concerns in the spirit in which they are intended. I say that a lot, but there is genuinely a huge concern about the difference between notifying and consulting, and about what he has said in Committee today. The minimum wording in the Bill—I guarantee that strategic planning authorities will look at it and follow it to the letter, given the work they have to do—is that the strategic planning authority

“must consider notifying (at least) the following about the publication of the draft spatial development strategy”.

New section 12H(4) outlines that the planning authorities should publish the draft spatial strategy

“as required by subsection (1)(a)”,

or make

“such a strategy available for inspection”,

but there is a vast difference between “notifying (at least)” and consulting.

[Rachel Taylor]

Will the hon. Gentleman give way?

[Paul Holmes]

I will, but then I want to ask the Minister a question to see whether he will answer, in which case we might not press the amendment to a vote.

--- Later in debate ---

[The Chair]

I would like the Minister to speak to the three amendments we are debating, including amendments 90 and 91. I will then invite the hon. Member for Hamble Valley to respond and he can take an intervention from the hon. Member for North Warwickshire and Bedworth.

[Paul Holmes]

I apologise; I thought the Minister had finished.

[Matthew Pennycook]

In the interests of brevity, Mrs Hobhouse, I will make one final comment, then I will go away and reflect and we can return to the matter on Report, where there will be time for consideration.

Again—it has felt like this a lot today—I think we are conflating different things. The process for an SDS is different from the process for the development of a local development plan. They are different things.

--- Later in debate ---

[The Chair]

I call the shadow Minister to respond, but I also would like to know whether he wishes to press his amendment to a vote.

[Paul Holmes]

I cannot yet tell you that, Mrs Hobhouse, because I want first to respond to what the Minister has said, and then hear his response in an intervention I will invite him to make. The Minister and I are obviously fairly jaded about the length of time that this is taking. I feel exactly the same as he does, but this is a serious concern from all parties, as he has accepted. He outlined his belief that the wording in the Bill is substantive enough to ensure that there is an invitation to make representations.

The process established by the Bill says that the authority must “consider notifying”—that could be, as the hon. Member for North Herefordshire said, in a very small advert on a distinct web page that is not very accessible somewhere—“(at least) the following” people. It then publishes a strategy and asks for representations, which must be in a prescribed form and manner and within a prescribed period. That is fine, but nowhere in the Bill does it outline what happens to those representations once they are received. There is no obligation on the development organisation to look at those representations.

[Matthew Pennycook]

indicated dissent.

[Paul Holmes]

The Minister can make that face, but that is true. Nowhere does it say that the authority has to look at the representations, give any feedback on them or do anything about them. All we are saying in amendment 78—it was addressed in other Members’ speeches as well—is that local people should be consulted on what they think about the proposals.

The Minister is, as I have said repeatedly on this Committee, a man of integrity and he has listened to our case, but nowhere under proposed new section 12H, particularly in subsections (3) and (4), does it require authorities to do anything with the representations. There is nowhere where those representations could feasibly make the proposals and draft plan better or fundamentally change their contents. I will invite the Minister to intervene—

[Matthew Pennycook]

I will—

[Paul Holmes]

—when I have posed this question. We are seriously concerned about this element of the Bill. The Minister said in Committee yesterday that they have the numbers. We accept that, and we can look at this on Report. We will look at this on Report, because it is a substantial area in which the Bill falls short.

If the Minister commits to meeting all interested parties and look actively at how, in subsection (3), we can remove “consider notifying (at least)” and include not just notifying, but consulting, and we get a clear, proper commitment to that in Committee this afternoon, then we will consider not pressing the amendment to a vote. I know the Minister has the numbers, but I hope, in the spirit in which our amendment is intended, he understands that people who will be impacted by these decisions will want to have that consultation. I ask the Minister to intervene to hear if he is willing to do that. If he is not, we will press this amendment to a vote.

[Matthew Pennycook]

I will intervene in the interest of trying to bring this discussion to a close, because I feel I have outlined the Government’s position in quite some detail. I have understood the points that Opposition Members have made. I have committed to reflecting on them.

I have also committed to writing to the Committee, which I will do, and it might be useful for the debates on Report if I outline, because I have made reference to the London plan, as the prime example of an existing spatial development strategy, how consultation works under that plan; how generally, in terms of the principles of good plan making, consultation operates across the system; and how we think the approach outlined in clause 47 in reference to spatial development strategies will operate. The hon. Member for Hamble Valley is more than welcome to press the amendment to a vote—I do not mind in any sense—but if I give hon. Members that detail and they still feel strongly enough on Report, we can continue the debate then.

--- Later in debate ---

[Paul Holmes]

I am grateful to the Minister and I know he is doing his best in this regard. I am challenging not to be obtuse or difficult, but because, as I have said, there is clear concern about the wording in the Bill, and his interpretation, which is the really important thing, is an interpretation of language in the Bill that we just do not feel is tight enough. I know he has committed to writing to the Committee, and we would like him to do that. I did ask whether he would consider looking at the consultation element in relation to proposed new section 12H(3).

On his reference to the London plan, that is fine—we can compare apples with apples and oranges with oranges—but let us look at the fact that this is a provision in legislation that will be new. I think that he should be looking at this afresh, aside from what happened before. Just because something has happened before does not mean it is correct or right, and we want the language in the Bill tightened up as much as possible. I really regret to say to the Minister—

[Ellie Chowns]

I plead with the hon. Member not to press the amendment to a vote, in the interests of time and also because I cannot vote for his amendment proactively, because I think it is even more poorly written than the text it is trying to replace, so can we—[Laughter.]

[Paul Holmes]

After I was so kind to the hon. Lady! Actually, we agree on this issue, and it is not my amendment; it was tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner, so it is his fault. But whether she thinks it is poorly worded or not has no bearing on my inclination to press the amendment to a vote or not, because I think the principle is what matters. I think we both have a principled stance on what we want to achieve in the Bill, which is consultation.

Whether the hon. Lady thinks that the amendment is worded wrongly or not—I say that with all due respect, genuine respect, to the hon Lady—what I was saying to the Minister was that he has made a number of commitments, but I fear that coming back to this on Report and not—[Interruption.] I am coming to a close, Mrs Hobhouse, but other people have had their say on this and it is important that we have our say on our amendment. The Minister has been very clear on what he wants to do, but I do not think he has gone far enough, so we will press the amendment to a vote.

Question put, That the amendment be made.

--- Later in debate ---

[Gideon Amos]

I am sure we can hardly contain our excitement about moving on to another clause. Amendment 12 would require that conservation measures undertaken within environmental development plans should “significantly” protect environmental features.

Clause 48 is definitional, introducing the concept of environmental delivery plans and setting out briefly what they should contain. Amendment 12 would strengthen the second of the four main functions of an EDP in subsection (1)(b), which describes the purpose of any conservation measures, including an EDP, as merely to protect the environmental features in question. “To protect” is not adequate or strong enough. The amendment would have the relevant text read, “significantly protect” the features, which would provide stronger protection.

We heard oral evidence from various environmental groups at the beginning of our consideration of the Bill. They rang alarm bells about the level of protection that EDPs would offer and said that it would not be strong enough. This is a specific change to the test of what those environmental measures should deliver, and it would go some way to address the environmental concerns that have been raised.

[Paul Holmes]

I apologise, Mrs Hobhouse, for the length of my speech on the previous clause; this one will not be as long. I will take your steer and cut my remarks to a more suitable length. [Interruption.] I did not hear what the hon. Member for North Herefordshire said from a sedentary position, but she is making my speech longer.

Amendment 77, tabled by my hon. Friend the Member for Ruislip, Northwood and Pinner, is an attempt to elaborate on the Opposition’s arguments about Natural England. The Minister will know where this amendment is coming from. He was open to some of the challenge from Members and witnesses in the Committee’s evidence session in which concerns were repeatedly raised about the functionality, ability and readiness of Natural England to play the role expected of it by the Secretary of State and the Minister in the parameters of this legislation.

I was initially concerned about Natural England because I have had involvement with it in my constituency, and some of its response times and ability to react in what I consider to be a satisfactory manner are sometimes compromised. That is by no means a criticism of the chief executive, who I thought gave very honest and able testimony in our evidence session. I will précis her words, as I did not make a note, but essentially she said, “We are going to wait for the spending review, but there is a lot of work that we need to do. We have been assured that the Government are going to resource us, and there are added responsibilities, but we hope, we see, we think.” I am afraid that, when we are looking at such monumental changes to development and nature recovery planning, we need better than that.

The Minister was really open when we cross-examined him in the evidence session. He said that I was tempting him to give an answer ahead of the spending review. I will not do that this afternoon; I know that he is but a small cog among the many Ministers asking the Chancellor for more money to resource their Departments. I understand that, having been through it myself. None the less, we are concerned about Natural England’s ability and whether it is the right organisation to take these responsibilities forward.

Amendment 77 to clause 48 would remove the reference to Natural England and provide that an environmental delivery plan may be prepared by a local planning authority, or incorporated into a local plan or supplementary planning document. The second part of the amendment, proposed subsection (1B), would provide that where an EDP is prepared by a local planning authority, the references to clauses 48 to 60, which essentially outline Natural England’s responsibilities, should be read as referring to the relevant local planning authority.

We believe that local planning authorities have the wherewithal to develop local environmental delivery plans. They have experience of doing so. I know that there is some challenge, given the resourcing of planning departments, but the Minister’s record on that issue, as well as the actions that he is taking through this legislation, which we wholeheartedly support, make me confident that that challenge will be met.

As I say, I am concerned to ensure that local authorities can develop environmental delivery plans. After my hon. Friend the Member for Ruislip, Northwood and Pinner has spoken, will the Minister elaborate on that in his winding up? I hope that since the evidence session, he has taken a look at some of the legislation and recommendations for Natural England, or discussed them with Natural England to reassure himself that Natural England is resourced for the actions that he and Secretary of State will require it to undertake, although I realise that he will say this is a slow-burn development going through. Those are the parameters of our amendment, and we hope that the Minister will look on it favourably. If he cannot, we hope he can give us some reassurance that Natural England is still the best fit to undertake these responsibilities.

[David Simmonds]

For the Opposition, support for the recovery of nature and the natural environment is a high priority. Amendment 77 and the arguments we will advance later are about ensuring that the additional capacity the Government are bringing to the process of nature recovery through their changes to the planning system is focused in a way that delivers.

As we have heard, both in evidence and in the general debates around the comparison with the section 106 process, for example, where financial contributions are sought, they are accumulated until the point when the delivery of a plan—for school places, road improvements or whatever it may be—is viable. Clearly, the Government intend environmental delivery plans to work in the same way.

As my hon. Friend the shadow Minister has ably set out, during the evidence sessions we heard concerns about the capacity of Natural England, as a further part of this already complex system, to deliver on that objective. In his rebuttal remarks earlier, the Minister relied on the proposed new section on chalk streams, saying that it was an example of something that could be dealt with through a local nature recovery strategy. That is one alternative to Natural England seeking to create a much larger process, but there are many others.

In my constituency, we have the Hertfordshire and Middlesex Wildlife Trust, which might well be able to deliver a very substantial project in this respect. All of those bodies have a very direct relationship with the local authority, which is the planning authority. Rather than create an additional element of complexity, we should streamline the process so that a local authority becomes not only the planning decision maker, but is able, through its direct engagement with the developer and its detailed local knowledge of the environment in which the development is taking place, to take on that responsibility. Should it feel that Natural England is the best delivery partner for that, okay. I am sure we would all accept that, but there will be other options available, especially when the impacts the EDP is intended to mitigate are quite specialist or quite local in their effects. That is the thinking behind the amendment.

I fundamentally disagree with my hon. Friend the Member for Hamble Valley in that I do not consider the Minister to be a small cog in this wheel. I am sure that his will be a significant voice in discussions with the Treasury, given the priority given to growth. I hope the Minister will take that into consideration, because this is an opportunity to step away from the previous delays, which were frequently cited in evidence on the role of Natural England, and to ensure that additional capacity goes into the part of the planning system that we know is already delivering at scale—the part that is under the control of local authorities.

--- Later in debate ---

[Matthew Pennycook]

In that case, I will sit down.

[Paul Holmes]

I apologise to the Minister and to you, Mrs Hobhouse, because I did not register that amendment 148 was in this group—that is my fault.

[The Chair]

It is getting late.

--- Later in debate ---

[Paul Holmes]

It is getting late, and I have been thinking about chalk streams all day. I will speak briefly to amendment 148, which is in the name of the shadow Environment Secretary, my right hon. Friend the Member for Louth and Horncastle (Victoria Atkins). Clause 50(4) states:

“Where an identified environmental feature is a protected feature of a protected site, the EDP may, if Natural England considers it appropriate, set out conservation measures that do not directly address the environmental impact of development on that feature at that site but instead seek to improve the conservation status of the same feature elsewhere.”

The amendment would add two important carve-outs through an extra subsection (4A), whereby subsection (4) does not apply where an identified environmental feature is a protected feature of a protected site and is a chalk stream or a blanket bog—[Laughter.] The Minister was laughing. We have carved out those two things in the amendment—well, the shadow Environment Secretary thought it was very important, obviously, and I have researched what a blanket bog is—because of what we discussed earlier.

In particular, the hon. Member for North Herefordshire outlined perfectly that our chalk streams in this country are exceptionally special, are unique ecosystems and are unique in most ways to the UK, particularly Hampshire and certain other parts of the country. Therefore, we think there is scope to create subsection (4A) to exempt those two specific protected characteristics from subsection (4).

That is the reason why we tabled amendment 148: chalk streams obviously cannot be moved—I am not being facetious; I promise the Minister that we are not at that stage of the day—and they are incredibly rare, so it would not be appropriate to try to create that environmental protection elsewhere. We could do it from one chalk stream to another, but chalk streams are so rare that we would not want to harm, inadvertently or purposefully, the country’s chalk streams.

I hope the Minister sees that those very small additions to the text of clause 50 would strengthen the Bill. I commend the amendment, tabled by my right hon. Friend the Member for Louth and Horncastle, to the Committee.

[Matthew Pennycook]

Just to clarify, for Hansard more than anything, I laughed only at the shadow Minister’s delivery of the term “blanket bog”. I was not in any way questioning the importance of that type of peatland.

Planning and Infrastructure Bill (Seventh sitting)

Paul Holmes Excerpts

Committee stage
Wednesday 14th May 2025 Public Bill Committees

[Gideon Amos]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Paul Holmes (Hamble Valley) (Con)]

I beg to move amendment 76, in clause 47, page 63, leave out from line 28 to the end of line 28 on page 65.

[The Chair]

With this it will be convenient to discuss amendment 122, in clause 47, page 64, line 40, at end insert—

“(e) requiring the production of infrastructure delivery plans;

(f) funding for meeting the requirements of this subsection.”

This amendment would extend the list of matters which the Secretary of State could include in regulations about strategic planning boards.

[Paul Holmes]

It is a pleasure to serve under your chairmanship, Dr Huq. I cannot tell you how delighted I am to be here for the second day in a row, with a third day tomorrow.

This simple amendment would block the mandatory transfer of powers over planning to strategic planning authorities in proposed new sections 12B and 12C of the Planning and Compulsory Purchase Act 2004. On the consultation for the spatial development strategy, we also think the consultation requirement in proposed new section 12H(3) should be replaced with a simple requirement to consult the public.

Blocking the mandatory transfer of powers over planning to strategic planning authorities would allow for greater local control and flexibility in decision making. It would ensure that planning decisions remained more closely aligned with the specific needs and priorities of individual communities, rather than being imposed by a centralised authority. Local authorities often have a better understanding of their residents’ needs, the environmental considerations and the unique challenges, making them more capable of tailoring development plans to suit their areas.

Retaining those powers at the local level would also promote accountability, as local officials and politicians are directly answerable to the communities they serve, and foster a more transparent and responsible planning process. That approach would encourage more balanced development that reflects local aspirations, while reducing the risk of a one-size-fits-all solution imposed from above.

We take into account the comments of the hon. Member for Taunton and Wellington about the burden on local authorities. I think the Minister has responded to that issue, but I would like to press him further on the Government’s drive to unitarisation. He is outlining that, as we go through, this would be a gradual process, but I hope he would acknowledge that there is a risk that the repeated reforming of local government could mean added bureaucracy and a repeated requirement, as my hon. Friend the Member for Broxbourne said, to amalgamate plans and go through another review period. I hope the Minister can reassure us that there would be no burden on local authorities in relation to amendment 21, which slightly ties into the concerns and aspirations behind why amendment 76 was tabled, but I do not intend to debate this amendment for very long.

[Olly Glover (Didcot and Wantage) (LD)]

I bob to speak to amendment 122. Is now the right time?

--- Later in debate ---

[Matthew Pennycook]

I absolutely agree with my hon. Friend. As we know, done properly, transport infrastructure and effective interventions in that regard can unlock huge numbers of homes. As I said, the Government have already taken action to support the provision of infrastructure, for example in the changes to the national planning policy framework in December last year, and we are looking at what more can be done, but it is not necessary for the clause to introduce that.

I will make a final point about how IDPs work now. IDPs are put in place where local authorities decide to take them forward, on the basis that they support the delivery of a local development plan. Local development plans have to be in general conformity with spatial development strategies. There is a clear link here, even though we are not asking strategic planning boards to have responsibility for bringing forward IDPs in the way that the hon. Member for Didcot and Wantage suggests. I hope that I have given him some reassurance and, on that basis, that he will agree that amendment 122 is not necessary. I also request that the hon. Member for Hamble Valley withdraws his amendment 76.

[Paul Holmes]

I appreciate the spirit in which, as usual, the Minister comes back. I am content to withdraw the amendment at this stage, but I would appreciate some further conversations and some reassurance on how, in the reform of local government, we do not add an undue burden on local authorities.

The hon. Member for Barking made an astute point, as usual, approaching this topic with her experience: we must absolutely make sure that where development happens, whether in rural areas or areas in the middle of nowhere—although I presume that that would be rural too—the infrastructure also comes. As my hon. Friend the Member for Broxbourne said, nowhere is that stated in the legislation.

The Minister is a man of integrity and I take what he says as such. I know that his aims and ambitions are to make sure that there are further plans with an infrastructure-first approach, but given the Bill at the moment, as well as the reforms and changes to the NPPF, the aspirations of the hon. Member for Barking will simply not be met under this legislative agenda. Indeed, some of the housing targets and reforms brought in by this Government have placed an overwhelming burden on rural areas, rather than on urban areas where the infrastructure is already in place and easier to develop.

We look forward to challenging and scrutinising the Minister in future stages of the Bill. We also await with anticipation proposed future legislation that he will bring forward on infrastructure—

[Matthew Pennycook]

Not legislation, necessarily.

[Paul Holmes]

Not legislation, sorry. Forgive me. We are good mates—well, I think we are—so I must resist the temptation to talk across the aisle. On that basis, we look forward to what the Minister will say. We will scrutinise the measures on infrastructure that he may bring forward, and we will not press the amendment to a vote.

[Olly Glover]

Briefly, I am grateful to the Minister for his comments and for his empathy with and understanding of the point that we sought to make about infrastructure supporting housing. I am very grateful for his offer to discuss the wider problem at a future stage. On that basis, I am content not to move amendment 122.

[Paul Holmes]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Paul Holmes]

I beg to move amendment 72, in clause 47, page 65, line 34, at end insert—

“(1A) A spatial development strategy must prioritise for new development previously-developed land.”

This amendment would require that spatial development strategies prioritise development on brownfield land over other locations.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 75, in clause 47, page 66, line 18, at end insert—

“(6A) A strategic planning board has a duty to ensure that any development specified or described under subsections (4) or (5) does not take place on green belt land unless there is no practicable option for development in existing urban areas, including by—

(a) increasing the density of existing development, and

(b) regenerating an existing development,

in an urban area.”

This amendment would ensure that a strategic planning board must only propose development on green belt land where development in urban areas is not possible.

Amendment 82, in clause 47, page 66, line 18, at end insert—

“(6A) Where a spatial development strategy proposes the development or use of agricultural land, the strategy must consider—

(a) the grade of such agricultural land;

(b) the cumulative impact of projects developing or using such agricultural land.”

New clause 104—Protection of Green Belt land—

“For the purposes of protecting Green Belt land, local planning authorities must—

(a) within two years of the passing of this Act, conduct a review of existing areas of Green Belt land and;

(b) for areas designated as Green Belt land under the review, prevent any development for a minimum period of 20 years.”

[Paul Holmes]

The amendments stand in the name my hon. Friend the Member for Ruislip, Northwood and Pinner or, in the case of amendment 82, my hon. Friend the shadow Secretary of State for Scotland—I cannot remember his constituency name, but he is listed on the amendment paper. Like the hon. Member for Didcot and Wantage, I am learning on the job—

[The Chair]

Aren’t we all?

[Paul Holmes]

I appreciate your forbearance, Dr Huq.

The amendment and the others tabled by Conservative Members relate to a brownfield-first approach. Our concern with the measures in the legislation as drafted, and with the actions of the Government so far, is that the green belt at the moment is under threat. Specifically, with amendment 72, we want to ensure that land that has previously been developed should be considered for development ahead of other categories of land. That will reduce pressure to build on undeveloped greenfield land, helping to protect natural habitats, agricultural land and green belt.

In addition, we believe that such developments can regenerate neglected or derelict urban areas, improving the local environment, attracting investment and jobs, and helping residents. That is not to mention that putting brownfield sites first may benefit from existing infrastructure such as roads, public transport and water power, reducing the need for costly new developments, and making services more efficient. Essentially, we are saying to the Minister that we want spatial development to have a brownfield-first and an existing development-first approach, and a basic assumption within those guidelines.

With amendment 75, we want essentially to allow development on green-belt land only where urban development is not possible. Already we have seen in the last couple of weeks the Mayor of London, for example—despite assurances from this Government that the green belt would be safe—proposing to put something forward around the M25 on green-belt land. I know the Minister cannot comment on live planning or on the decision made by the Secretary of State this week, but there are other examples where we are seeing an encroachment on to the green belt. The Government have given assurances that the green belt would not be under threat, but we can see that some measures in the spatial development strategies and the existing powers being given to Ministers and the Secretary of State do not provide overwhelming safeguards to the green belt across the UK.

The amendment is a perfectly practicable step to make sure that ,where we have previously developed land and brownfield sites, there is a basic assumption that that is where buildings should go first, for all the reasons I set out. We also think that restricting development on green-belt land, and allowing it only where urban development is not possible, helps to protect the countryside from urban sprawl and ensures that the natural landscape, farmland and biodiversity are preserved for future generations.

We also argue that it encourages a more efficient use of previously developed brownfield sites, as I said, within towns and cities, supporting urban regeneration and reducing the environmental impact of new construction. I think that slightly matches the aspirations of the hon. Member for Barking: by focusing growth within existing urban areas, this approach also makes better use of existing infrastructure and public services, helps to maintain clear boundaries between towns and rural areas, and supports sustainable patterns of development that are less car dependent and more community focused.

Amendment 82 would require that a spatial development strategy consider the grade of agricultural land and the cumulative impact of projects on agricultural land. Notwithstanding what I said about the protection of the green belt, previous actions, particularly by the Minister’s ministerial colleagues from the Department for Energy Security and Net Zero, show an eradication of, and an easier approach to developing on, agricultural land. The position we have long held on that, which I know the Minister may not agree with, is that in this world of uncertainty, agricultural land should be protected. Food security is of absolute importance when we have seen food prices go up in the country because of international uncertainty.

By requiring a spatial development strategy to consider both the grade of agricultural land and the cumulative impact of projects such as the ones I described, the amendment would help to safeguard the UK’s long-term food security. High-grade agricultural land is a finite and valuable resource—I think everyone on the Committee would agree with that—and it is essential for domestic food production. Factoring in its quality ensures that development prioritises lower-value land where possible, reducing the loss of productive farm land. Additionally, considering the cumulative impact of multiple developments helps to prevent gradual, piecemeal erosion of agricultural capacity, which might otherwise go unnoticed in individual planning decisions. This approach promotes a more balanced and informed strategy that protects rural economies, biodiversity and the resilience of the agricultural sector.

I hope the Minister takes the amendments in the spirit in which they are intended, which is to protect. They are not political amendments, but genuine attempts to probe the Minister to see whether he could bring in some additional protections—despite previous actions on the green belt—and look to strengthen the legislation to protect agricultural land, which I know he will agree is so important at this time for our domestic food production. The Government have been positive, and I welcome the food strategy announced by the Secretary of State for Environment, Food and Rural Affairs. We support that, and we absolutely agree with the aspiration.

We need a food strategy in this country—before the Minister stands up and says that the last Government did not do enough on that, let me say that I think that is a fair challenge. That is why we welcomed the Secretary of State’s announcement at the beginning of this Government, but that has to be matched by the legislative actions being taken in other areas of Government, which is why we have tabled these amendments.

--- Later in debate ---

[Nesil Caliskan]

It is a pleasure to serve under your chairship, Dr Huq. I would like to make a couple of points about the green belt, not least because I would like to address the direct comments from the shadow Minister.

[Paul Holmes]

Oh no!

[Nesil Caliskan]

I do not expect him to have followed my very short career to date or my position on the green belt, but just for the record, my long-standing position has been to identify appropriate areas on the green belt, particularly in London, where we have a housing crisis, that can be built on. The truth is that there are many areas of the green belt—areas that could, indeed, be described as grey belt—that already have some kind of development, perhaps without planning permission, or where enforcement is needed, that are entirely appropriate for housing development, and many of those areas are already well connected.

In my constituency, a new train station has been built in the Barking Riverside area in recent years. It is not green belt, but it is strategic industrial land. In our discussions about well-connected neighbourhoods, we often forget the pressure on strategic industrial land, too. That is a good example of where infrastructure was delivered and houses have followed. The rest of the country can follow that example.

On the point about urban areas needing to be the priority for development, of course, we have to see urban development intensify in housing delivery, but many of our urban areas already have high density, and overcrowding is a familiar picture. It is simply not possible to deliver the housing numbers we need by looking only at urban areas. I often hear the argument that it should be brownfield sites first. Of course, they should be first, but if people think there is a secret drawer full of brownfield sites that will deliver the housing numbers we need in this country, they are out of touch with the housing pressures facing our communities.

[Paul Holmes]

The hon. Lady is right that I have not followed the minutiae of her career, but I know from her comments in the Chamber and this Committee that she has an expertise that we should all listen to, even if we disagree. She led a council for a good while, so I know that she is an expert in these areas.

She outlined in her comments that urban areas should have a higher rate of delivery because they are of higher densities. Why is it, then, that on the Floor of the House, that is not matched by what she is voting for? Housing targets under the new algorithm in her area and her constituency are being reduced, while in rural areas, where she is concerned about the lack of infrastructure, they are being increased exponentially. How does she defend that, with what she has just said?

[Nesil Caliskan]

The hon. Member gives me the opportunity to make two points. First, the Planning and Infrastructure Bill will allow the Government to spearhead infrastructure delivery in this country in rural areas that do not have the necessary infrastructure. That is why the Bill is so important. With the necessary infrastructure, we will be able to see the delivery of homes not just in urban areas. Secondly, to the point about housing delivery in Barking and Dagenham, the area has some of the most impressive stats for house building in London and the rest of the country. It has been delivering housing at a much better rate than areas not just in London, but in the rest of the country.

My final point is about the threat to the green belt, which the hon. Member for Taunton and Wellington mentioned. The biggest threat to the green belt is not having a strategic approach to planning in this country. If we take the absence of local plans in areas, as it stands, the legal framework means that if a planner says no to a planning application, and there is no up-to-date local plan, then on appeal, the appeal process can enforce such that the development happens in the green belt anyway. We need a strategic approach across the country that not only encourages or, in fact, forces local authorities to have up-to-date local plans, but ensures that house building—alongside infrastructure, which I firmly believe the Bill will help to deliver—is fair in its approach to delivering homes.

We cannot just build in urban areas. We do not have that capacity. It is unfair for those who are already living in overcrowded accommodation. People deserve to have access to open and green spaces, and our rural communities deserve to have the infrastructure necessary for well-connected neighbourhoods. I firmly believe that the Bill supports that, and that the debate around green belt and access is more nuanced than some Opposition Members have set out.

[Lewis Cocking]

It is a pleasure to serve under your chairship, Dr Huq. I rise in support of amendments 72, 75 and 82. I await with anticipation what the Minister will say, because surely we can all agree that green belt should be protected and that we should do brownfield first. Sometimes, under the current planning system, green-belt land gets developed on through the back door.

Even if a council has an up-to-date local plan, there can be issues if it does not meet its five-year land supply or housing targets in terms of its build-out rates, which the council has very little control over. The council has control over the speed and determination of planning applications. However, it can approve all the applications it wants—it could approve thousands—but if the developer or developers are not building them, the council then gets punished. Someone else will come along and say, “I want to develop on this piece of green-belt land,” and when that goes to appeal, the Planning Inspectorate will say to the council, “You haven’t got a five-year land supply, and you’re not meeting your build-out rate targets.” It is the community and the council that get punished for developers not building what they have been given approval to build.

[Paul Holmes]

My hon. Friend is absolutely right. In relation to previous comments that have been made about building on green belt through the back door, does he agree that these amendments strengthen the case for some of those councils? The current planning appeals system takes into regard national guidelines and national legislation, and these amendments provide a safeguard to stop some of those things happening.

[Lewis Cocking]

My hon. Friend makes a pertinent point, and I completely agree. We should do anything we can to strengthen councils’ hands in protecting green belt. I suspect there is broad support for brownfield-first and protecting the green belt.

I turn to amendment 82, tabled by the shadow Secretary of State for Scotland, my hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie). A wider failure of the planning system is that it does not account for the cumulative impact of lots of planning decisions. This amendment goes some way to protecting farmland. It may be appropriate for a field to be developed for a specific farming purpose, but if there is lots of development in farming areas in a specific location and the planning committee does not take into account the cumulative impact, there can be negative consequences—for example, where a floodplain is built on and that creates issues for the field next door.

The Government need to grapple with this wider issue of the cumulative impact of lots of development. At the moment, planning committees judge the planning application in front of them and do not necessarily look at the cumulative impact. I hope the Government will support our amendments, in particular amendment 82, which tries to rectify some of those cumulative impacts in order to protect our agricultural land, which is very important for our food security.

[Matthew Pennycook]

I thank members of the Committee for these amendments. I hope I can give them some reassurance that none of them is necessary from the Government’s point of view.

I turn first to amendments 72, 75 and 82, tabled by the hon. Members for Ruislip, Northwood and Pinner and for West Aberdeenshire and Kincardine. These amendments relate to developments taking place on green-belt, brownfield and agricultural land resulting from the introduction of spatial development strategies. While I understand the positive intent behind the amendments in seeking to ensure that safeguards are in place to protect valuable land from development, they are not necessary, as current national policy already achieves the intended aims.

On amendment 72, I fully agree that we must make the best use possible of brownfield land for development. The Government have been very clear that we have a brownfield-first approach to development. That is recognised in national planning policy. We made changes in the recent national planning policy framework update to expand the definition of “previously developed land” and reinforce the expectation that development proposals on such land within settlements should normally be approved.

We are also consulting on our working paper on a brownfield passport, which we are considering through the introduction of national development management policies, as provided for by the previous Government’s Levelling-up and Regeneration Act 2023. The aim of those proposals we are seeking feedback on—lots of feedback has been gratefully received—is to ensure that we prioritise and accelerate the development of previously developed land wherever possible. We are very firm on our brownfield-first approach.

[Paul Holmes]

I accept what the Minister says; there is a recognition across Government, demonstrated by some of the actions they have taken, that they have a brownfield-first approach. I simply ask him: what has he got to fear from an amendment that would back that up and ensure that that goes out into the community, strengthening his Government’s position?

--- Later in debate ---

[Matthew Pennycook]

I will make a couple of points in response to the hon. Gentleman’s comments. I understand his argument, but I go back to the point that what we are doing in this clause and others in this part of the Bill is setting out a framework for spatial development strategies for cross-boundary strategic planning. National planning policy is already in place in those areas and is very clear. The national planning policy framework sets out the considerations for deciding whether development in the green belt is appropriate.

The definition of grey belt is set out in the glossary of the NPPF. As the hon. Gentleman knows, it includes previously developed land in the green belt, such as disused petrol stations, and other land that, although formally designated green belt, does not strongly contribute to green belt purposes. The test of what qualifies as grey belt is very clear in the NPPF, and that is supplemented by planning policy guidance. For every application, there will be a judgment about how the national policy applies—the hon. Gentleman will understand, for the reasons he has outlined, why I will not comment on specifics.

I repeat that it will not be for SDSs to allocate plots of land; that will be for local plans and neighbourhood plans. Where the release of green-belt land is necessary, the Government are asking authorities to prioritise the release of brownfield land within the green belt, along the lines I have just discussed. Our proposal in the Bill to allow spatial development strategies to specify infrastructure of strategic importance or an amount of distribution of affordable housing does not change the existing requirements in relation to the release of green-belt land. On that basis, I ask the hon. Gentleman not to press amendment 75.

I can assure the hon. Member for West Aberdeenshire and Kincardine that the Government are committed to maintaining strong protections on agricultural land, but I do not consider amendment 82 to be necessary to achieve that objective. Strategic planning authorities will need to consider national policy when preparing their SDSs. The NPPF is clear that authorities should make best use of brownfield land before considering development on other types of land, including agricultural land. Planning policy already recognises the economic and other benefits of the best and most versatile agricultural land. If the development of agricultural land is demonstrated to be necessary, areas of poorer-quality land should be prioritised.

The Government are supplementing the national planning policy that is in place in respect of this issue with a land use framework, which has gone out to consultation. That will set out the Government’s vision for long-term land use change, including by exploring what improvements are needed to the agricultural land classification system to support effective land use decisions. We all agree on the need, on such a constrained island, to make the most effective use of land possible.

When it comes to issues such as solar farms, which we have discussed in the Chamber many times, I want to ensure the debate is proportionate. Even in some of the most optimistic scenarios I have seen for solar deployment, no more than 1% of agricultural land will be released. That is why the National Farmers Union and other bodies have called for a proportionate debate in this area. It will be necessary in certain circumstances to release agricultural land, but that must clearly proceed on the basis of national planning policy.

In the event that spatial development strategies do not meet the requirements in the NPPF, the Bill gives the Secretary of State a range of intervention powers to ensure consistency with national policies. For those reasons, I am confident that there is adequate planning policy and guidance already in place to describe requirements for development on different types of land tenures.

New clause 104, in the name of the hon. Member for Taunton and Wellington, also focuses on green-belt developments. It seeks to prevent development on green-belt land for 20 years or more after a green belt review has been completed. As hon. Members know, the Government are committed to preserving green belts, which have served England’s towns and cities well over many decades, not least in checking the unrestricted sprawl of large built-up areas and preventing neighbouring towns merging into one another. That remains the case.

I emphasise the point made by my hon. Friend the Member for Barking. Not only did the green belt expand between 1979 and 1997—it almost doubled to just over 1.6 million hectares—but we saw a significant amount of green-belt land release, in what I would argue was a completely haphazard manner, under the last Government. It is not the case that this Government have introduced green-belt land release for the first time, and through the changes to national policy we are trying to introduce a strategic approach to green-belt land designation and release so that we release the right parts of the green belt first. Our revised national planning policy framework maintains strong protections for the green belt and preserves the long-standing green-belt purposes. It also underlines our commitment to a brownfield-first approach.

However, we know that there is not enough brownfield land in this country, and not least brownfield land that is viable and in the right locations to meet housing demand and needs. That is why we ask local authorities who cannot meet their needs through it to review their green-belt land to identify opportunities to create more affordable, sustainable and well designed developments. In doing so, we expect authorities to prioritise the development of brownfield land and low quality grey-belt land in the first instance.

High performing green-belt land and land safeguarded for environmental reasons will still be protected, and our new golden rules will ensure that development that takes place on the green belt benefits communities in nature, including the delivery of high numbers of affordable housing. That is a really important point to stress once again. Given the value that the public attribute to the green belt, the Government clearly expect that through our golden rules the communities that see development take place on it will benefit in a way that is slightly different from other forms of development.

The framework is clear that where it is necessary—only in exceptional circumstances—to alter green-belt boundaries, that must be done using the local plan process of public consultation and formal examination by planning inspectors. The framework is clear that development can be committed in the green belt only in specific prescribed exceptional circumstances. Beyond that, it can happen only in very special circumstances. That is a high bar.

Given that statutory plans secure the designated status of green-belt land and that planning policy already demands the rational and evidence-based application of green-belt protection for plans and decisions, I do not consider amendment to be necessary. In the same way as I have politely asked Opposition Front-Bench Members to withdraw their amendments, I hope the hon. Member will feel content to withdraw this amendment, for the reasons that I have outlined.

[Paul Holmes]

As always, I appreciate the Minister’s very detailed response. However, we tabled these amendments to set a precedent. We welcome the Minister’s clear words about how there is an anticipation and a want from the Government’s policy agenda, particularly through the NPPF, for a brownfield-first strategy. He therefore has nothing to fear from allowing some of these new spatial development strategy boards to have that precedence underlying how they are acting and operating.

The Minister is absolutely right that those boards do not allocate sites, but there is an argument to be made about where those boards, in their constitution through the national legislation that is being set up, are guided by precedence that is overwhelmingly backed, as he clearly said, by other legislation and guidance from his Department. He therefore has nothing to fear from amendments 72 and 75.

On amendment 82, I completely understand the Minister’s point. It would be churlish for any politician to stand up and say there should be absolutely no development on agricultural land. That is a fair challenge, and that is not what the amendment’s parameters seek to establish. He was right that development will be needed on such sites on occasions, but again, the amendment would clearly set out that the most valuable productive agricultural land—not in terms of financial value—would have precedence in the guidelines of these new boards.

Again, the Minister should not fear the intentions of the amendment. He clearly set out that he agrees—much more than I thought he would—with some of the aims and aspirations behind the amendments. Apparently, his Government agree with those intentions and will cover them through other means. He should not fear the amendments. I politely ask him to accept them, although I know that he will not change his mind.

--- Later in debate ---

[Gideon Amos]

indicated assent.

[Paul Holmes]

That does not mean to say that once they are reviewed again after 20 years, those sites might not be allocated, but that is the choice of the local authority and the local people that are leading that piece of work.

I say to the hon. Gentleman that he would have our support for new clause 104 if he decided to press it to a Division. However, there is a clear precedent and reason why we have tabled our three amendments. I say to the Minister that we must go for a brownfield-first approach, with an acceptance that we must protect green-belt land when urban development is not possible. We must also protect the most valuable and productive agricultural land in the country through the planning system and Government regulation. We intend to press amendments 72, 75 and 82 to a vote. I hope that the Liberal Democrats also press theirs to a vote.

[Gideon Amos]

I rise simply to confirm that we will press new clause 104 to a vote.

--- Later in debate ---

[Matthew Pennycook]

As I have already said, I will not speak about two individual decisions that have been made. However, I say to the hon. Gentleman that the concern that he outlines—that is, a particular decision that he does not agree with—will not be resolved by trying to transcribe national planning policy into the SDS process. National planning policy remains in force, and I do not think it is necessary that in order to achieve the aims that are set out, which the Government agree with—in terms of brownfield first and a strategic approach to green belt release—for the amendments to be agreed. I ask hon. Members to think again, but reading the room, I think they are certain about pressing the amendment to a vote. The Government will resist it.

[Paul Holmes]

I would like to press the amendment to a vote.

--- Later in debate ---

[The Chair]

They are grouped for purposes of debate, but the vote comes later.

[Paul Holmes]

On a point of order, Dr Huq. I am not questioning the Clerk, who has been fantastic, or you as Chair, but I simply do not understand. It may be that I am being thick and stupid. All week we have had votes on the amendment paper listed by grouping, which I have been following. We have votes on amendments in the order they have appeared in the selection list.

I understand that new clauses are slightly different, but the precedent from the previous sessions is that we have voted on Opposition and other amendments tabled in the order they appear in the groupings. Can you explain why, on this occasion, we have voted on Opposition amendment 72, but amendments 75 and 82 come later? I am not challenging your decision; I am just seeking your clarification.

[The Chair]

The Clerk will talk to you afterwards. We want to go to Prime Minister’s Question Time—there are Members in the Committee Room who have questions at PMQs. As I said, amendment 122 was another example of an amendment where the debate and the vote were separate—I said that it had been previously debated.

--- Later in debate ---

[Olly Glover]

I shall keep my remarks brief, because we had a rich discussion during yesterday afternoon’s session about the need for social and affordable housing. I wish to say a few words in support of amendment 29, tabled by my hon. Friend the Member for Taunton and Wellington, which would stipulate within a spatial development strategy the need to provide 150,000 new social homes a year nationally. It is notable that all members of the Committee made clear their support for social and affordable housing, but we had a very valid debate yesterday about how to get there.

As per the evidence I gave from my constituency, and as is the case in many others, it has become clear that leaving it to the market and hoping that that leads to sufficient affordable and social housing is not an approach that has hitherto succeeded. We on the Liberal Democrat Benches therefore very much support mandating targets and far more social homes as part of the mix, rather than just hoping it happens organically via developers and local council regulation.

[Paul Holmes]

On a point of process, Dr Huq, I wish to move amendments 73 and 74. Do I speak to them now and move them formally?

[The Chair]

You can speak to them now, and then we will come to the vote later.

--- Later in debate ---

[Paul Holmes]

Okay, I just wanted to double check. The Opposition have tabled amendments 73 and 74 to limit increases and decreases in the allocation of housing targets when being assessed by spatial development strategies. The Minister should not be surprised by this approach. We have been very clear from the beginning that we disagree fundamentally with how the Minister and the Secretary of State have decided to assess housing targets and algorithms since they took office last July.

We fundamentally disagree with what we think is a politically gerrymandering housing algorithm, as we can quite clearly see through the evidence. We believe that in the rural areas where there is a lack of infrastructure—notwithstanding that we agree that infrastructure needs to be built, although, as the Minister has said, there is no actual mechanism in the legislation to insist on an infrastructure-first approach—the housing targets outlined by the Government are political gerrymandering. In very rural areas, housing targets can sometimes be doubled, tripled or quadrupled, but in urban centres and particularly in cities, those housing targets have been reduced.

We have tabled our amendments because we believe there needs to be some guidance on spatial development strategies. There should be national guidance and regulation for the Government’s approach to housing allocation: on how much they should be allowed to uplift, but also on how much that they can decrease, particularly in the amount of housing they can deliver in urban areas.

There is precedent for why we have done this. If we take my constituency of Hamble Valley as an example, there are two local authority areas. Under the Minister’s proposals, Fareham borough council has gone from a yearly housing target of 470 houses to one of more than 800. Eastleigh borough council, which is already over-delivering on its annual housing targets, currently has a target of around 623. They are building 1,200 homes a year themselves because of their debt levels, which is clearly a massive overreach and increase in an area that does not have the necessary infrastructure. The doubling of that requirement for house building, including on junction 7 of the M27—I do not expect the Minister to know the geography—is leading to huge amounts of bad effects with increased traffic because of the lack of infrastructure delivered alongside the housing targets.

If the Minister looks at neighbouring Southampton city council, which is controlled by the Labour party and has delivered only 200 homes a year, whether they are affordable or for private purchase, its targets have been reduced from 1,200 a year to 1,000 a year. That is the same in nearly every urban authority that the Minister has put forward—[Interruption.] The Minister shakes his head, but if he looks at the evidence from the House of Commons Library, housing targets in urban council-centred areas are generally being reduced. It is happening in Southampton, and in the constituency of the hon. Member for Barking—her targets have gone down.

Need I remind the Minister that it is also happening in London? The Government’s targets in London are being reduced, while the mayor has announced just this week that he wants to build on the green belt. If he is so keen to build, he should be looking at the densification of his city. He should be looking to build on brownfield sites first, as we have just discussed, and he should not be given political cover for failure by a Minister and a Secretary of State who are reducing housing targets in predominantly Labour council areas in urban cities.

That is an argument that we have rehearsed before. I know the Minister will come back and say that he disagrees, and I expect him to do that, because he is defending his algorithm, but he cannot defend it to the people in this country. It is a politically gerrymandering algorithm that damages. It targets the failure of predominantly Labour councils in urban areas, and targets the success of predominantly rural authorities that struggle, and it punishes them. Those are the areas that have challenges that urban areas do not have in trying to match those housing targets.

We have tabled amendment 74 in such detail—to ensure that there cannot be an increase in the number of homes in any strategy area of more than 20%, or a reduction of the required number of homes in urban areas by more than 20%—to try to mitigate some of those politically motivated measures that the Government have undertaken in other areas through the national planning policy framework. That is why we are putting forward these amendments.

We have a fundamental disagreement with the Minister over the housing algorithm. He knows that we have a fundamental disagreement over housing targets and the way in which they deliver them, because we think that, where there are hugely increased housing targets, that places a burden on local authorities. The algorithm also reduces the quality of housing provided, because there is a rush to try to meet housing targets for fear of Government repercussions, but the quality of builds, the quality of the developments and the associated infrastructure and community investment goes down. Believe me, I have seen that in my local authority, and I invite the Minister to attend my constituency at any time he wants. On its boundaries, Eastleigh borough council has been building double the number of homes that are required. The financial decisions that it has made mean that the quality of development has gone down and resentment among the public has gone up. The infrastructure that has not been delivered means that people in my local area—and areas across the locality in Hampshire, just outside my constituency—suffer.

So I say to the Minister: that is why we are tabling these amendments. I know that he is going to come back to me very strongly—

[Matthew Pennycook]

With facts!

[Paul Holmes]

Well, the Minister says “facts”, but he should read the House of Commons Library document on the housing targets that he proposed. He cannot deny that the rural uplift in housing targets under his algorithm is an exponential rise, but the increase under his housing algorithm for urban centres is much smaller. That is delivered by the fact that for many urban centres in cities across the United Kingdom, the number of houses required under his Government’s targets has reduced.

I look forward to the Minister’s “facts”. I hope that he knows that we have a fundamental disagreement on this; I have said that repeatedly in the Chamber, on Second Reading, and in many Westminster Hall debates, where housing targets have been a topic of concern for many Members of Parliament across the country. As I say, I look forward to his “facts”, and I look forward to his reading the House of Commons Library document that backs up the arguments that we are making. We will press this amendment to a vote.

[David Simmonds]

On a point of order, Dr Huq. May I seek your guidance? My hon. Friend the Member for Hamble Valley, the shadow Minister, has spoken to two amendments tabled in my name, which we intend to push to a vote. It is a departure from Committee procedure to vote on one amendment but not on the others, when a vote has been expected, and to set them aside. When, in the Committee proceedings, will we return to the amendments discussed earlier to vote on them?

[Gen Kitchen]

Further to that point of order, Dr Huq. Opposition Members are very interested in their amendments, but I am keenly and acutely interested in Government amendment 48 and schedule 3. Government amendment 48 is on page 10 of the amendment paper. We have been going through the groupings of amendments on the selection list, and in previous sittings, when we have voted on amendments, we have voted on the groupings, rather than following the amendment paper. I am concerned that if we are now following the amendment paper, we should have voted today on amendments 5, 21, 22, 76, 122, 4 and 72.

[Paul Holmes]

We have voted on some of those.

[Gen Kitchen]

But we have not voted on amendment 5.

[Paul Holmes]

Exactly.

[Gen Kitchen]

So therefore we have been going through the groupings, rather than the amendment paper.

[Gideon Amos]

Further to that point of order, Dr Huq. I echo the comments of other members of the Committee. We have so far followed the groupings on the selection list, and within each group we have voted on each amendment that has been pushed to a vote. New clauses may be a different matter, but that is what has happened in the Committee to date.

[Paul Holmes]

Further to that point of order, Dr Huq. I do not wish to exacerbate the conversation, but the Government Whip, the hon. Member for Wellingborough and Rushden, is correct, and I am concerned that if we entertain the new way of working, even though it may be challenged, that we will lose the efficiency and rhythm that this Committee has had.

I am open to challenge by the Clerk, but in previous sittings we have followed the groupings on the selection list, which has meant that we were prepared—though of course we are always prepared—and know the sequence that we are following. That was so for the whole of the Committee proceedings. This approach, following the amendment paper, has not been in action for the previous sittings of the Committee. I wholly endorse the comments made by the Government Whip. I believe that, if we could follow the groupings and vote on the amendments in order, as we take them, that would assist the Committee in getting through the process, and business of the day.

[The Chair]

I have been on these Committees for 10 years, and chaired them for the last five years, and as far as I understand, this is the way we always do it. We often say a measure “was debated earlier”. It just seems to be coincidence that the decisions fell as they did yesterday—or whenever it was. This is, I have been told, non-negotiable.

[The Chair]

That depends on how succinct or verbose people are. I am not Mystic Meg. The Committee will decide on those amendments whenever it gets to them in the amendment paper.

[Paul Holmes]

Further to that point of order, Dr Huq. I know you want to discuss this matter with the Clerk after the sitting adjourns. I wholly welcome that. Perhaps we should all attend, so that we can learn. It must be the case, Dr Huq, that you can give us an indication. I get the point about the verbosity and speed of colleagues on the Committee, but it would benefit Committee members if we knew whether we will vote on the various amendments that we have tabled at the end of the discussion of clause 47, or whether those votes could come at a later stage, after the discussion of the clause. I think that my hon. Friend the Member for Ruislip, Northwood and Pinner is seeking that guidance and would appreciate a general steer.

[The Chair]

These things are often negotiated by the two Whips: they make it happen at a certain time. Any vote on amendment 73 will come after the debate on amendment 88—that will be today—and amendment 74 will come after that.

--- Later in debate ---

[Matthew Pennycook]

Amendments 29, 73, 17, 74 and 94 would introduce additional requirements for spatial development strategies in relation to housing. They seek to specify or describe what spatial development strategies must include across a range of areas, such as housing target limits, affordable housing definitions and housing density requirements.

I thank hon. Members for their interest in the Bill’s spatial development strategy provisions. However, the Government believe that these amendments are not productive in achieving the Bill’s objectives. I will attempt to be succinct rather than verbose, given the time we have lost and the need to make progress on the Bill. In general terms, we think that introducing further requirements for SDSs would limit their effectiveness and operability, as well as the purpose and effect that the clause seeks to achieve.

Amendment 29, moved by the hon. Member for Taunton and Wellington, would make specific provision for strategic planning authorities to have regard to the provision for new social rented homes. The Government are clearly committed to delivering more social housing, and I hope the Committee recognises the steps that we have taken over the past 10 months, including an £800 million in-year funding top-up to the 2021 to 2026 affordable homes programme; £2 billion of bridging support—I think the hon. Gentleman made a mistake in referring to it as £2 million—that will bring forward up to 18,000 new social homes; and in the multi-year spending review, the Government will set out the full details of a new grant funding programme to succeed the 2021 to 2026 affordable homes programme. In that, we are looking to prioritise the delivery of social rented homes, which is a Government priority.

Proposed new section 12D(5)(b) of the Planning and Compulsory Purchase Act 2004 makes provision for a spatial development strategy to specify or describe an amount or distribution of affordable housing, or any other kind of housing that the strategic planning authority considers to be of strategic importance to the strategy area. SDSs can therefore already play an important role in the delivery of social and affordable housing, if the strategic authority in question considers it necessary. Amendment 29 is therefore not necessary, and I request that the hon. Member withdraws it.

The shadow Minister tempted me into a much wider debate on the Government’s revised standard method for assessing housing need, which was introduced in the updated NPPF late last year. I will not go into too much detail, but the point of difference is that, under the previous Government, a 35% urban uplift was applied to the most populous local planning authority within the country’s 20 largest cities and urban centres. We have removed that urban uplift.

[Paul Holmes]

Why?

[Matthew Pennycook]

Because it was a completely arbitrary number that bore no relation to objectively assessed housing need. We have replaced it with a standard method and with targets under which city regions, as a whole, will see their targets increase by 20%, on average, compared with the previous planning period. We have increased targets across those city regions, and the new method directs housing growth to a wider range of urban centres across England. We have introduced a more ambitious, credible and objective method of assessing housing need in any given area.

On average, that gives rise to a 20% increase in city regions. The previous Government said that the 35% urban uplift applied not to London’s most populous local authority but to the whole of London, which is out of kilter with all the other arrangements that they made across the country. That left London with a fantastical target that was impossible to deliver. We have rightly revised down the target, but the shadow Minister will know that we are being very clear that London needs to increase delivery quite significantly. The Mayor has taken steps in recent days to ensure that happens.

Amendments 73 and 74 would apply limitations to the extent that spatial development strategies can redistribute housing requirements over a strategy area. The distribution of housing requirements is likely to be a key role for most, if not all, spatial development strategies. It would be overly prescriptive to apply an arbitrary restraint on the ability to decide the most appropriate location for new housing. I hope that hon. Members recognise that, in many of the debates I attend, this is what their parties call for: a smarter and more strategic way for local authorities in sub-regional groups to come together and select locations for housing growth that help to absorb some of their housing target numbers in a more sensible way, where that is applicable. We do not want to be prescriptive and constrain their ability to do so in whatever way works for the sub-region in question.

Planning and Infrastructure Bill (Fifth sitting)

Paul Holmes Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[The Parliamentary Under-Secretary of State for Energy Security and Net Zero (Michael Shanks)]

Thank you, Mrs Hobhouse. On that cheery note, it is great to be back in Committee this morning.

The clause is about long-duration electricity storage, or LDES, which is an incredibly important part of an electricity system, allowing us to store cheap renewable energy when the wind is blowing and the sun is shining, and to generate electricity when people need it most. It is a crucial part of our clean power mission.

Across Great Britain, we already have 2.8 GW of LDES on the grid. I have had the pleasure of visiting some pumped hydropower stations that have been part of our system for decades. They allow excess electricity to pump water high up to a mountain reservoir, where it can be released when we need it to drive turbines and generate electricity. The most recent of those sites, however, was completed more than 40 years ago. The clean power 2030 action plan suggests that we need another 1.2 GW of LDES in the next five years. The National Energy System Operator suggests that we could need up to 15 GW by 2050, so a significant increase on where we are today.

Despite low operating costs and high system-wide benefits, which in 2024 were estimated at £24 billion, the large up-front capital costs to build such stations in the first place, and the revenue uncertainty over such a long lifespan of an asset, have deterred private investment in LDES over the decades. The clause therefore introduces a cap and floor scheme to develop new long-duration energy storage in Great Britain.

Those wishing to develop an LDES asset will be able to apply to Ofgem for protected revenues, conditional on satisfactory delivery and operation and on sharing excess profits with consumers. That provides the revenue certainty needed for investors, giving the green light for the next generation of those important assets. We expect—we have set out deliberately—that this will be technology-agnostic. We therefore expect that we will have more pumped hydro, as well as more novel technologies such as liquid air energy storage.

The clause imposes a duty on Ofgem to establish and operate a cap and floor scheme to encourage the development of LDES assets across Great Britain. The clause also defines the minimum eligibility requirements for the scheme: assets will need a minimum power output of 50 MW, and to be able to discharge at full power for eight hours without recharge. Simply meeting those requirements, however, will not guarantee success, and Ofgem will only select the projects that are most useful for system-wide benefits and for consumers. The clause gives the Secretary of State the power to update that definition by regulation. It also defines in broad terms how Ofgem will set the cap and floor, and how it will fund floor payments.

This is a really important step. As I say, after 40 years of not building long-duration energy storage in this country, we are incredibly excited to be building it once again. It is also crucial to how we deliver the clean power system in the future. I commend the clause to the Committee.

[Paul Holmes (Hamble Valley) (Con)]

Good morning, Mrs Hobhouse. It is a pleasure to serve under your chairmanship and to see you again. I welcome both Ministers to their places. As soon as you said that we can start removing layers, Mrs Hobhouse, my button suddenly popped off. I apologise, and I guarantee that I will not remove any more layers, for fear of disrupting the Committee.

The clause amends the Electricity Act 1989, requiring the Gas and Electricity Markets Authority to implement a cap and floor scheme for long-duration energy electricity storage or LDES. We are concerned that the clause introduces unnecessary bureaucracy and will distort the market with the introduction of the scheme. I have several questions on this. Can the Minister explain what criteria will determine the initial cap and floor levels? More importantly, how frequently will they be reviewed to stay responsive to market changes?

We know that the scheme aims to provide financial stability to LDES for operators by setting revenue caps and income floors, and to encourage investment in this technology. However, will LDES operators and investors have a role in reviewing or adjusting the scheme to ensure that it reflects real-world conditions? Will there be eligibility criteria for a formal application process for operators to access the scheme, ensuring fair access for all players? Those concerns, we would argue, highlight the need for clarity and effective integration with broader energy policies and to ensure the scheme’s success. I look to the Minister for clarification on those elements of the clause. We do not intend to divide at this stage, but we will provide further scrutiny at further stages of the process.

[Gideon Amos (Taunton and Wellington) (LD)]

Good morning, Mrs Hobhouse, it is especially a pleasure to serve with you in the Chair. Liberal Democrats are supportive of a scheme to encourage long-duration energy storage and, for that reason, are generally supportive of the clause. Long-duration energy storage is crucially needed, including, of course, battery storage.

There are instances of fires in battery storage facilities, but there is no reason why they should not be built safely—they can and are built safely. We ask the Ministers to consider whether fire brigades should be statutory consultees in applications for battery storage proposals. That is not the case at the moment, which seems perverse, given that there is an acknowledged fire risk that needs to, and can, be dealt with. We should have fire services as statutory consultees to ensure that happens.

--- Later in debate ---

[Michael Shanks]

The hon. Gentleman makes an important point, which we will take onboard. It is already part of what the Health and Safety Executive and the Fire Service are looking at nationally in terms of guidelines, but the Government continue to take an interest. The hon. Gentleman is right that as the schemes expand across the country, more fire brigades that may have not had experience of these incidents in the past will have to gain experience. It is an important point and we take it seriously.

On a general point, I am glad that hon. Members across the Committee recognise the importance of LDES. It is genuinely an exciting moment for the country that we will build some of these important engineering projects to deliver the long-duration energy storage that the country needs.

Question put and agreed to.

Clause 21 accordingly ordered to stand part of the Bill.

Clause 22

Benefits for homes near electricity transmission projects

[Paul Holmes]

I beg to move amendment 83, in clause 22, page 29, line 33, after “benefits” insert

“of £1,000 per year for ten years”.

[The Chair]

With this it will be convenient to discuss the following:

Clause stand part.

New clause 102—Community benefits from major energy infrastructure projects—

“(1) The Secretary of State must by regulations establish a scheme under which communities with a specified connection to a major energy infrastructure project are entitled to financial benefits.

(2) In subsection (1), ‘major energy infrastructure project’ and ‘specified connection’ have such meaning as the Secretary of State may by regulations specify, provided that any such definition includes all newly consented renewable energy projects.

(3) Financial benefits provided for by a scheme under this section must—

(a) be provided by the owner of the relevant major energy infrastructure project, and

(b) amount to 5% of the annual revenue of the relevant project.

(4) Where a major energy infrastructure project is onshore, regulations made under this section must—

(a) provide for two-thirds of the financial benefits accruing to a community under this section to be paid to the council of that community, and

(b) provide for one third of the financial benefits accruing to a community under this section to be paid into a strategic fund operated by the council.

(5) Where a major energy infrastructure project is offshore, regulations made under this section must provide for the financial benefits accruing to a community under this section to be paid into a strategic fund operated by the relevant council.

(6) Regulations made under this section may, among other things—

(a) specify the powers, purposes, responsibilities and constitution of a council strategic fund;

(b) make further provision determining which communities are qualifying under this section, and defining community for this purpose;

(c) confer functions in connection with the scheme;

(d) provide for delegation of functions conferred in connection with the scheme.”

This new clause sets out a scheme for providing financial benefit to communities in areas connected with major energy infrastructure schemes.

[Paul Holmes]

Amendment 83 was tabled by the shadow Scottish Secretary, my hon. Friend the Member for West Aberdeenshire and Kincardine (Andrew Bowie). We welcome clause 22, which empowers the Secretary of State to establish a financial benefit scheme for people living near new or upgraded electricity transmission infrastructure. It is vital that people living locally to such works, who will see their life disrupted, should receive fair compensation for their trouble. I said in the last Committee session, as did other Opposition Members, that we support the Government’s move to do that and to involve local communities, following on from some of the provisions that the Conservatives made in government.

Where there is a disagreement, however, is on the level of that compensation. Amendment 83 would require the Secretary of State to establish a scheme under which persons with a specified connection to qualifying premises are entitled to a financial benefit of £1,000 per year for 10 years, provided directly or indirectly by electricity providers. We believe that this would be able to be monitored under the current scope of the legislation, particularly where it says that the Secretary of State may provide funding from Parliament to those administering the scheme.

Provisions would also be made for complaints, procedures, appeals or dispute resolution related to the scheme. The regulations would be subject to an affirmative procedure—we do not see any need to change that. The clause would apply to England, Scotland and Wales and come into force on Royal Assent. We would argue that the level set out in the amendment would not need to change the Bill. The scheme would allow eligible residents, mainly through electricity suppliers, to receive benefits based on the proximity to above-ground transmission projects, including past projects, which are fair and proportionate.

Under our amendment, any scheme established under proposed new section 38A(1) of the Electricity Act 1989 would have to include provision for, for example, homeowners residing within 500 metres of qualifying premises to be entitled to financial benefits of £1,000 a year for 10 years. The Minister and I did not argue—we never argue—but debated last time, and the Opposition accept the nature of what the Minister intends to do, but we feel that there needs to be more clarity for the consumer and for local people. There were stories on Sky News that the consumer benefit for homes near electricity transmission infrastructure would be set at about £250 a year, so I would be grateful if the Minister would state what he expects the level of compensation to be and clarify that for the rest of the Committee.

Whether the Minister chooses to accept our very reasonable offer of £1,000 a year or not, will he answer how errors or instances of fraud will be handled within the administration of the benefit scheme? What rights do residents or other parties have to appeal decisions or penalties related to the benefit scheme? What role will the Secretary of State play in ongoing monitoring and enforcement of the scheme, with particular regard to regulatory powers?

As I said, I do not want to go over the arguments again, but the Opposition believe that we must take communities with us, when it comes to consumers and people affected by large-scale planning decisions through centralisation and an attempt—to be fair to the Minister—to reduce the bureaucracy and deliver the infrastructure that we need. We talked last time about community benefit under other amendments and clauses of the Bill. The Opposition believe that residents and local communities deserve to know that there will be a certain amount for a certain period, and we believe that £1,000 a year for 10 years is something that local people would welcome. I commend amendment 83 to the Committee.

[Luke Murphy (Basingstoke) (Lab)]

It is a pleasure to be able to speak briefly on clause 22, which I welcome. This scheme is key to delivering the key Government commitment to ensuring that those who are closest to new electricity infrastructure feel the benefits soonest. Also important is the Government guidance that will be brought forward on how developers will ensure that communities hosting transmission infrastructure can benefit, including through funding for community projects, sports clubs and leisure facilities. I welcome this key commitment.

It is disappointing that the shadow Secretary of State for Scotland, the hon. Member for West Aberdeenshire and Kincardine, is not here to explain further his comments in the newspapers today. He has moved from saying that he opposes electricity pylons to the issue of scientists themselves, suggesting that climate targets are not, in fact, science-based. It is disappointing that he is not here to defend his amendment, but I very much welcome the Government’s proposal.

--- Later in debate ---

[Michael Shanks]

The Minister for Energy made it on to this Committee; the shadow Minister for Energy could have made it on to this Committee as well, so my hon. Friend should not withdraw his criticism so hastily. Anyway, he is ever present in these discussions and we enjoy his contributions from beyond the Committee room.

[Paul Holmes]

I will try not to take that personally. The Minister should be grateful for what he has got. If he wanted a shadow Energy Minister on the Committee, he could have made that known through the usual channels.

[Michael Shanks]

I thank the hon. Gentleman for that important intervention. I will turn to the substance of the amendment before I get into trouble, Mrs Hobhouse.

The amendment seeks to set the level of benefit at £1,000 per year over 10 years. First, I should say I welcome the fact that across the Committee today there is support for that principle. That is really important, because the principle that we want to recognise—to be fair, the previous Government did when they launched the consultation—is that if we host nationally important energy infrastructure, particularly transmission infra-structure, which so often has less of a community benefit in the communities that it passes through, there should be some benefit from it. That is a really important point.

The balance that we sought to strike was to find a way to give a benefit to those households affected by the transmission infrastructure, but also make sure that the wider bill payers across the country that will pay for those community benefits are not saddled with a significant bill as a result. So the balance that we struck was £250 per year over 10 years. I would never seek to question the House of Commons Library, but I think perhaps the hon. Member for Broxbourne might not be correct in his interpretation of its figures. It would be £2,500 over the course of the 10 years that the scheme would be in place. I think that is what he was referring to.

In our view, the point here is that this still provides a significant benefit regarding bills for those households for a substantial amount of time—10 years—but at the same time does not result in significant amounts being added to the bills of other people right across the country who will pay for this. We think £1,000—which we looked at carefully as part of this process—is too much.

--- Later in debate ---

[Michael Shanks]

That is a question that I have asked myself many times over the past nine months. The problem is that we inherited a number of these things from the previous Government and we are working through them.

I have regular meetings on the subject. It is really important that we get this right, because we need to strike the balance: ultimately, the community benefit funds will, one way or another, be paid for by bill payers, but we want communities to have a real benefit. The balance has to be right because we are trying to bring down bills for everyone across the country. The Conservative amendment would increase people’s bills, but we are determined to try to bring them down. There is a balance to be struck.

We feel that this is an exciting moment to drive community ownership forward. A key aim of Great British Energy will be to drive forward the local power plan, so that communities do not just have benefits from infrastructure, but own some of those benefits. A number of hon. Members across the House have mentioned the real benefits of communities having a stake in projects—they can spend the money on whatever they want to spend it on, rather than on what a scheme might define. The two go hand in hand.

The bill discount scheme is an important step to drive forward community acceptance of new network infrastructure. We will develop proposals at pace for the hon. Member for Taunton and Wellington and for communities right across the country on the wider aspects of energy infrastructure. I hope that he will not move his new clause 102.

[Paul Holmes]

I am grateful to the Minister for some of the answers he has given—

[Michael Shanks]

Some?

[Paul Holmes]

Well, I am grateful to him for trying to give all the answers, but I only agree with some of them, as he would expect. I wish that he would accept the amendment, but he has stated clearly that he will not. The amendment is ambitious and would give clarity to the consumer and local people about what they should expect.

I understand what the Minister said about the amount of money given to local people being legislated for in secondary legislation, but there is a question about why he will not put that into primary legislation. He could be clear—the £250 a year was clearly leaked to the press a few months ago—but the Government have still not produced any legislation to give certainty to the consumer. That is symptomatic of the Government: in lots of areas of the legislation, they simply have not provided any detail to the people it affects. We will get to those other examples later, when we come to the specific issue of planning reform.

The hon. Member for Basingstoke seems to have an encyclopaedic knowledge of Opposition politicians’ quotes; I suggest that the Whips Office makes more use of him, given his ability to get an Opposition quote quickly, just like that. He might want to get a hobby, I don’t know, but he is good on quotes.

[Luke Murphy]

Will the shadow Minister give way?

[Paul Holmes]

I will, yes—is he going to give me another one?

[Luke Murphy]

I do not need to have encyclopaedic knowledge to read the newspapers this morning, which is where the shadow Secretary of State made those comments.

[Paul Holmes]

I do not know which newspaper the hon. Gentleman reads, but it is obviously not a very good one, because it takes the comments of my hon. Friend the shadow Scottish Secretary and acting shadow Energy Secretary out of context.

My hon. Friend did say that the target date was not based on evidence, but he was talking about the arbitrary nature of the 2050 target for net zero; he clearly did not say that there was no science behind the concept of climate change. The hon. Member for Basingstoke is a doughty champion and fiery Back Bencher, destined for high ministerial office. He would be a good Minister, but he needs to read out the whole of a quote and give the genuine context of any comments by Opposition politicians.

To come back to the amendment, Mrs Hobhouse—I feel your beady eye upon me—the shadow Scottish Secretary has a clear record. In his earlier comments, he talked about bills going down, but bills are up by £300 a year. There was a manifesto commitment to reduce energy bills for people by £300 a year, and that is simply not happening because of the record of the Department for Energy Security and Net Zero. At the moment, it is closing down oilfields and relying far too much on renewable energy, without getting to the sustainable level at which energy bills could come down. The Minister keeps saying that he wants to bring them down, but when will they come down?

We understand and support the aims and ambitions of new clause 102, tabled by the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington. However, we think there is some question about its practical implementation, specifically taking into account

“5% of the annual revenue of the relevant project”

and the provision

“for two-thirds of the financial benefits accruing to a community under this section to be paid to the council of that community”.

We do not necessarily think that that is how the money should be distributed. As we discussed in the last sitting, and I agree with the Minister entirely, if a local authority gets money dedicated for a community, that does not necessarily mean that the money will get to the community. That is part of the flaw of the section 106 system and the community infrastructure levy. We all know examples of when money has been given, with the good intentions shown in this honourable new clause, but the community that needed to be helped simply was not. We feel that is not the best way to distribute the money; I believe the Minister feels the same, following our lengthy discussion on whether he can or cannot award money to Scottish Ministers or local authorities. I am sure he will come back to that line another time.

On new clause 102, the point is what the Minister said earlier about lines going through multiple local authorities; the well-intentioned money would not get to the right people at the right time. It would be diluted, and we do not think that that is the right way forward. However, we absolutely support the Liberal Democrats in their ambition to make sure. That is why we put a specific figure into our amendment 83: we absolutely want to make sure that the people desperately affected by some of the infrastructure investment genuinely get some of that money. We also understand and endorse the element of community improvements, which I know we will come on to in other areas of the legislation.

The Minister is a good man. We entirely endorse him and will work together on the need for benefits for the people affected. But he needs to be more ambitious—he should have come the Committee today with a specific figure; he should not have said to the Committee that he is “minded”. He could have put in primary legislation the amount the Government were willing to give. I put down in my notes too soon that the Minister was very tight, with £250 a year—I think that was unfair to him.

But the Minister needs to be more ambitious: he should match our commitment to £1,000 a year and to local people affected by such infrastructure knowing that they would be guaranteed that for 10 years. Most people are responsible when spending their own money; we believe they would put that into the community, which would benefit it and improve its infrastructure. I commend amendment 83 to the Committee, and we will press it to a Division.

Question put, That the amendment be made.

--- Later in debate ---

[Michael Shanks]

The clause enables the generation of electricity from renewable sources within the public forest estate through inserting a new section into the Forestry Act 1967.

Our public forests are a national asset, providing vital environmental, social and economic benefits. They also offer an opportunity to contribute to our clean power by 2030 mission through the development of home-grown renewable electricity proposals. The clause will support this by enabling Forestry England to undertake activity relating to both small and large-scale renewable electricity projects on the public forestry estate.

Developments may take place on both forested and non-forested land within the public forest estate. There will, however, be no reduction in size of the estate and sites will be carefully selected. These powers will see us integrating technologies including solar, hydro and wind energy into our natural landscape, accelerating progress to net zero and helping to tackle climate change.

Principles underpinning renewable energy developments include ensuring that there is no net loss of woodland area, positive habitat restoration and maintaining a sustainable home-grown timber supply. Forestry England has already developed around 40 small-scale renewable energy installations, but under current legislation any excess electricity that Forestry England generates is wasted and cannot be exported to the grid. That includes rooftop solar and biomass heating to generate energy used at their various visitor centres and offices. The new powers will allow Forestry England to export electricity generated from its own projects to the national grid.

Without this change to legislation, there would continue to be an imbalance between English activities in this space and those that take place in Scotland in connection to renewables. Public land being managed by the forestry authorities in Scotland is currently able to be used to generate renewable electricity at commercial scale. I commend the clause to the Committee.

[Paul Holmes]

I welcome the clarity in the Minister’s opening remarks on the clause. While the theory of generating renewable energy, and deriving income by selling electricity generated from renewable sources, on public forestry land is positive, several concerns need to be addressed that do not lend support to the Government’s initiative. I issue a word of warning to the Minister from experience: measures that concern public forests can be very divisive. As the previous party in government, we still have the scars on our back when it comes to forests. However, we accept that there are clear precedents in Scotland for what the clause will do.

I have a couple of questions for the Minister on these very well intentioned measures. Again, there is a need for clear consultation with people who live locally. We accept that these forests are run by experts, and we pay tribute to them for the way in which they run our forests across the country, but there will be people who have an absolute passion for our forests. Believe me: we saw them in our inbox when I worked for an MP. We need some clarity on that.

My first question is how the powers will balance commercial activity with conservation duties. The Minister said that there are examples of where we have done that before. It is a genuine question. We must make sure that when there is a drive to allow this to happen, some of the conversation elements are not lost in the management of the forests, and that renewable projects do not undermine biodiversity, recreation or climate resilience.

Secondly, what criteria will determine when ministerial consent is required for projects? As I am sure we agree, clear thresholds are necessary for consistency and community confidence. Within that, there must be consultation of local people. As I said, it can be an incredibly emotive topic when people find out from their local forestry commission that it is engaging in some electricity generation. When it comes to our beautiful forests, such wording can mean that people need to be told about it properly and consulted properly. What is the Minister doing to ensure that that will be at the forefront of these projects? As I said, we have been there before.

Does the Minister have any concept of how income from renewable generation will be managed? Oversight mechanisms will be vital to ensure transparency and accountability in these commercial activities. Are there limits on the scale or type of renewable projects on public land to prevent industrial-scale developments, and how will local communities be engaged in decisions affecting their access to public land?

While the clause offers opportunities, it poses risks that need careful management, so I urge the Government to provide more details to ensure that the powers are used responsibly, and that there is no mission creep at the end of the day from this very well intentioned clause.

[Luke Murphy]

I rise briefly to welcome the clause, which underlines the Government’s commitment both to tackle climate change and to restore and protect nature. As the Minister said, we have seen how Forestry and Land Scotland has been able to make use of its estate to install more than a gigawatt of generating capacity, which has been a major source of revenue for it to continue its conservation, preservation and reforestation mission. Once again, it underlines the Government’s commitment to protect nature while tackling climate change.

[Michael Shanks]

I thank all hon. Members for their contributions. The hon. Member for Hamble Valley has taken the right tone, which is that our forestry land is to be treasured and protected for future generations, but there is a balance to be struck—we strike it every day in relation to how much the public can access and enjoy that land, and use visitor facilities. Stewardship of our forestry land is the responsibility of all of us. I thank him for his remarks.

We expect the footprint from the projects to be incredibly small. In fact, the most successful projects in Scotland are often on the rooftops of visitor centres, alongside toilet blocks, and in those sorts of places, so we are not talking about cutting down huge areas of forest to build ground-mounted solar. However, the point the hon. Gentleman made about consultation is critical. There will be comprehensive public and statutory consultation, and I fully expect Forestry England to carry out an even more detailed engagement process, given its stewardship role for certain pieces of land.

In fact, in Scotland, where some projects have been carried out, groups of people who frequently use the forest have been involved in designing the projects and deciding what the money will be spent on. There are real benefits to that. Although there is sometimes short-term disruption from construction, often the projects have resulted in accessible routes being opened in Scottish forests, including new wheelchair-accessible paths, so previously inaccessible land is being made accessible. However, the hon. Gentleman is right about consultation.

On the subject of revenue stream, we expect the measures to enhance Forestry England’s wider role and its existing objectives, which do not shift as a result of the measures. Of course, those objectives relate to environmental conservation. In fact, the revenue, which is currently being wasted—the critical point is that these projects cannot export to the grid—could actually create a net benefit, and we would expect it to do so. That is an important point, as is the issue of mission creep. We will certainly keep that in mind.

[Paul Holmes]

The Minister has satisfied me with his answers and is adopting a constructive tone regarding the clause, but I want to press him on the criteria used to determine ministerial consent. He is right to say that we do not want mission creep, and that we would usually expect minimum amounts of development around visitor centres and in the existing infrastructure of forests. Can he outline where the Government might set, not necessarily restrictions, but additional criteria regarding the size and scale of energy projects under the clause?

[Michael Shanks]

Again, there is a balance to be struck: we do not want to create a fixed set of national guidelines that preclude larger scale projects that would not disrupt existing forestry. I do not want to suggest that every piece of forestry land is the same, and therefore that the guidelines should apply in the same way. None the less, the hon. Gentleman makes an important point, and I will write right to the Committee about it.

I say the same to the hon. Member for Ruislip, Northwood and Pinner. As I think he would expect, schemes such as those he mentioned are not intended to be part of these measures However, I will consider whether we can tighten the guidance. The clause is intended to be about using land that, in some cases, already has some of these projects on it, but they cannot export to the grid. Small-scale solar or hydro—those are the sorts of schemes that we see as fitting alongside the wider mission of Forestry England. The hon. Gentleman raised an important point, and I am happy to write to the Committee about it.

Question put and agreed to.

Clause 24 accordingly ordered to stand part of the Bill.

Clause 25

Fees for certain services

--- Later in debate ---

[The Minister for Housing and Planning (Matthew Pennycook)]

It is a pleasure to continue our proceedings with you in the Chair, Mrs Hobhouse.

Chapter 3 of part 1 of the Bill deals with reform of transport infrastructure. Its various clauses—all of which, I hope, are uncontroversial—are designed to streamline and improve the efficiency of delivering transport infra- structure projects. Clauses 25 to 29 of the chapter make various amendments to the Highways Act 1980.

As hon. Members will be aware, local authorities and statutory consultees provide advice, share information and prepare responses to consultations on proposed highway projects. However, they currently do not have a statutory basis on which to recoup the costs associated with the work they do to review the applications. That can lead to delays in processing applications due to a lack of resources, or information being received late in the process.

Clause 25 inserts a new section 281B into the 1980 Act, providing a new regulation-making power for the Secretary of State in England and for Welsh Ministers in Wales to charge applicants for services in connection with certain schemes and orders on a cost-recovery basis. To be clear, it will not allow them to make a profit; instead, it will support the capacity and capability of local planning authorities and statutory bodies to carry out those processes, which in turn will encourage timely and high-quality inputs into the process.

The charges will apply to parts of the Highways Act associated with approving new roads, making changes to existing ones and making other legal orders necessary for highway projects. Furthermore, we will use a proportionate delegated power to ensure that cost recovery and the provision of services remain flexible and responsive in the light of changing circumstances over time, such as inflation.

The clause will bring the Highways Act into line with cost recovery provisions established under other infrastructure consenting regimes. By resourcing the input from critical stakeholders, this power will contribute to the acceleration of highway infrastructure project delivery, supporting the Government's economic growth mission now and in the future. On that basis, I commend the clause to the Committee.

[Paul Holmes]

We welcome clause 25, and I welcome the Minister to his position. He has a lot to live up to after those clauses, and I will continue to be nice to him. I say well done also to the other Minister for the constructive way he has been working on this Committee. Opposition Members do appreciate that. Because we are not stupid, we realise it is sometimes a challenge to win votes. Although the votes we undertake here are closer than the ones on the Floor of the House of Commons, let that not be an encouragement to us to call more.

As I said, we welcome clause 25, which allows public authorities to charge fees for services related to specific highway schemes. None the less, some clarity is needed on several points. While recovering costs is reasonable, the clause must be carefully implemented with safeguards to ensure fairness, accessibility and consistency across England and Wales.

The Minister has stated that this is a reserved matter for certain statutory bodies and local planning authorities, but will he outline how this goes with his perfectly admirable stance on devolution? Will he look to allow new combined authorities and mayoralties to take on some of the powers, or is he planning for them to be devolved even further, to mayoral authorities coming on stream rapidly from the Department under this Government? We would like some clarity on how he sees the powers being amended once local authorities and some of those statutory bodies no longer exist or are reformed.

Has the Minister considered the impact of the fees on small developers, charities and community groups? Could they create barriers or delays in any process? Will there be provisions allowing fee waivers or reductions for certain applications, such as for community-led or rural projects? How will disputes about fee fairness be resolved, and will there be an appeals process? What guidance will there be to ensure consistency in fee application across regions, to avoid significant variations from one local authority or statutory body to another? Finally, could the fees delay or discourage essential infrastructure development, especially in areas with planning capacity challenges?

[Rachel Taylor]

I acted for developers before coming into the House, and I know their biggest concern was always delays, not the fees that the local authority charged for doing these things. As a result of the lack of capacity in local authorities, there has been a move to more unadopted roads on small estates, which has its own problems for property owners going forward. I really welcome this provision, because it lays sensible steps toward making it easier for developers to complete their projects sooner, which enables them to make more money.

I think that the offset in costs will be welcomed by small developers. This provision is particularly important in the small authorities that cover large geographical areas, because it will enable them to go out and make visits. To give an example, my client was required to build a pavement but could not do so while there was a vaccination centre up the road. The local authority could not, under the fee structure, find the time to come out and visit the site, which would have enabled it to make a more sensible decision. In general terms, this provision is really welcome and developers, both small and large, will see this as a very positive step forward.

--- Later in debate ---

[Paul Holmes]

On that point—depending on the Minister’s answer, I may not have to make a speech and detain the Committee—the Minister has outlined that the strategic highways authority is National Highways; does he envisage that for some roads, particularly across England, the county council is the strategic highway authority, and will have to apply the section 10 changes? Is he not worried that, because of the financial implications for some county councils—regardless of politics—there could be a kind of enticement for people to get rid of some of the strategic parts of their local road networks? It may be a complete lack of understanding on my part, but could the Minister outline whether county councils could be included in some of that process?

[Matthew Pennycook]

I am more than happy to write to the shadow Minister about the role of county authorities in managing the highway network, and how the Highways Act and the consenting regime applies to them. I do not think his point is pertinent in this respect, in the sense that the clause transfers administrative functions related to section 10 orders under the Highways Act from the Secretary of State purely to National Highways. It does not change the legal decision-making authority, which remains the Secretary of State’s, but the administrative burden, in terms of the final preparation, publishing and consultation of the necessary documents, would be done by the applicant—National Highways. But I am more than happy to provide the shadow Minister with further detail about the interaction with county authorities.

[Paul Holmes]

Please do not write to me on that. I say that not to offend officials but because I do not want them overworked and the Minister has clearly outlined what he means, for which I am grateful. The question was obviously to clarify my understanding of the legislation. I asked it because I just wondered whether strategic highways authority included county councils. My county council controls a large number of roads, and I wondered whether it was enveloped under the proposal—under the meaning of strategic highways authority. The Minister has answered that, and I am perfectly content not to make a speech.

--- Later in debate ---

[Matthew Pennycook]

Clause 27 will reduce the objection period for applications under the Highways Act 1980 from six weeks to 30 days. Such applications could be for the construction of new roads, changes to existing ones and other necessary legal orders for delivering highway infrastructure. The objection period refers to the timeframe during which interested parties can view application materials and provide comments.

Reducing the objection period will speed up the consenting process without sacrificing the safeguards that are essential for the fair consideration of objections. An objection period of 30 days aligns with the relevant objection periods for other transport consenting regimes, such as the Planning Act 2008. Again, I draw the shadow Ministers’ attention to the fact that, as per the previous clauses, we intend to align the Highways Act provisions with those in other consenting regimes, to provide for a more uniform arrangement across the piece.

Additionally, the clause will introduce a 10-week deadline for the Secretary of State to make decisions on these schemes and orders. Currently, there are no statutory deadlines for the decision-making stage for the relevant processes, unlike in other consenting regimes, such as the Planning Act 2008. Bringing the Highways Act into alignment with other consenting regimes will improve certainty and the efficiency of the process. The power for the Secretary of State to extend the decision deadline, if necessary, ensures flexibility in cases where additional time may be required.

By shortening the objection period and setting a clear decision timeframe, the clause makes the process more predictable for all stakeholders. Faster, more predictable decisions will result in more efficient delivery of transport infrastructure projects, contributing to better transport networks. We think this change strikes the right balance between improving speed and maintaining fairness, ensuring that the process remains transparent and accountable. I commend the clause to the Committee.

[Paul Holmes]

May I say, Mrs Hobhouse, that you are absolutely on fire? We are getting through things very quickly, and I will adhere to your instructions.

The clause updates the objection and decision-making timelines under the Highways Act 1980. Although the goal is to align with other planning regimes, several concerns remain. First, the clause reduces the objection period in England to a minimum of 30 days, but maintains it at six weeks in Wales. What justifies that discrepancy? Should there not be consistency across all authorities?

Furthermore, is it not the case that reducing the objection period may limit the time available for affected parties to prepare responses? I know that this is outside the remit of this very prescriptive clause, but many constituents will say that they did not get the letter or see the things that were posted, or that local people simply were not able to see things. I really think that this 30-day restriction will harm many average Joes—I hate that term, but I do not know how else to put it. People out there, who have busy lives, busy jobs and families, and who are working on their daily lives, will really struggle, in the first place, to see things within 30 days. However, they will also not know that the period is now 30 days and may therefore not be consulted on some of the actions that authorities may take.

I ask the Minister to assess whether 30 days is the right length of time. I am not talking about having an unrestricted length of time for consultation, and we absolutely need to make sure, if we want to deliver on some of these policies, that the timeframe is reasonable. However, I question whether 30 days is far too rapid and will cause more harm than good to the consultation rights of the British public. I would also ask what systems will be in place to notify stakeholders of deadline changes and extensions in individual cases, to ensure clear and accessible communication.

I have a last question. While the intent of the clause is to streamline processes, we must ensure fairness, transparency and quality decision making, allowing stakeholders to engage meaningfully. We absolutely accept that there is currently no statutory deadline. Ten weeks is adequate, but on the 30 days element of the consultation period, when we think about people out there with busy lives, I think could cause a huge problem for democratic accountability and for the transparency of the system in allowing local people to have their say. I ask the Minister to look at that 30 days again, but we will not press the clause to a Division.

[Matthew Pennycook]

I thank the shadow Minister for his response and questions. Again, I make the point that with a number of these provisions we are trying to align the Highways Act with other consenting regimes. I do not know whether his position is that the statutory objection period in those other consenting regimes—for example, the Planning Act 2008—should be lengthened. I would argue that such an extension would add time and complexity. We think that should be brought into line with the others.

We think that 30 days is the appropriate period, that the existing arrangements, which set out a period of not less than six weeks, are too long, and that we should bring the Highways Act into line with the other regimes. On that basis, we do not think that the clause sets a precedent for the shortening of objection periods, because objection periods of about four weeks, as I have said, can be found in other infrastructure consenting regimes. That is an adequate period of time in which to submit objections.

The shadow Minister asked another, separate question about the Secretary of State’s ability to extend deadlines from the 10-week period. Again, in any such instances, the Secretary of State would need to send written notice of the extension to the relevant parties in those cases, setting out why an extension is required. I hope that on that basis the shadow Minister is reassured about the use of that particular part of the clause.

Question put and agreed to.

Clause 27 accordingly ordered to stand part of the Bill.

Clause 28

Procedure for certain orders and schemes

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

--- Later in debate ---

[Paul Holmes]

We welcome the clause and the clarification and certainty that the Minister has given, but I want to put some questions, along similar lines to those we have asked before, about transparency and limits or caps on the fees that authorities can charge.

We believe that without clear limits, there is a risk of inconsistent or excessive charges and a disproportionately wide range of fees across authorities. What mechanisms will be in place to allow applicants to challenge or appeal fees that they consider unreasonable? What impact does the Minister think this measure may have on smaller companies in the supply chain, which may be less able to absorb the costs that will be imposed? We do not disagree with the principle of the clause; we just have some questions about the detail.

Finally, how will the Secretary of State or Welsh Ministers review or update the regulations? As costs and administrative practices evolve, it is crucial that the regulations are reassessed regularly to ensure that they remain fair, relevant and effective. Will the Minister remark briefly on that and on some of the smaller businesses that may be affected?

[Matthew Pennycook]

I thank the shadow Minister for those points. The clause only allows for the charging of fees for services on a cost-recovery basis. I think there is broad agreement across the Committee that cost recovery for applications is a fair and proportionate way to proceed. Organisations will not be—

Planning and Infrastructure Bill (Sixth sitting)

Paul Holmes Excerpts

Committee stage
Tuesday 13th May 2025 Public Bill Committees

[Matthew Pennycook]

Clause 38 allows Transport and Works Act orders to include a deemed marine licence for projects in UK waters, where a separate authorisation is currently required. That removes the need for a separate application to the Marine Management Organisation, or MMO. It allows for a single process, again similar to the Planning Act 2008, which already allows deemed marine licences. Applicants will still need to consult the MMO before applying, ensuring that proper oversight remains in place.

The MMO will continue to enforce marine licence conditions under existing powers. This is another change that we believe creates efficiencies and removes duplication. As I have said, it aligns the Transport and Works Act with the Planning Act 2008 process, making it simpler and quicker for transport projects that involve marine areas. A streamlined approval process will save time and costs for applicants while maintaining important environmental safeguards. On that basis, I commend the clause to the Committee.

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Ms Jardine. The Opposition wholly understand the intention behind clause 38, but I want to ask the Minister a quick question. How will enforcement responsibilities be co-ordinated to prevent confusion between the MMO and other authorities involved in Transport and Works Act orders? I accept that the core of the Bill, for good or bad, is to streamline and ensure the Government deliver their objectives quicker than at present, but can the Minister reaffirm that he is wholly assured, in line with his officials’ advice, that streamlining the process will not compromise environmental protections?

[Matthew Pennycook]

I can provide the hon. Gentleman with that assurance. In terms of enforcement, I assure the hon. Gentleman that if consent is granted under the Transport and Works Act, any breaches of marine licence will continue to be dealt with by the Marine Management Organisation.

Question put and agreed to.

Clause 38 accordingly ordered to stand part of the Bill.

Clause 39

Authorisation of applications by local authorities

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

[Matthew Pennycook]

Clause 39 removes the requirement that exists at present for a second local authority resolution after submitting a Transport and Works Act application, making the process faster and simpler. Currently, local authorities must achieve a majority vote from their local authority members both before and after submission of an application. Key stakeholders told us during the development of the Bill that the second resolution is unnecessarily bureaucratic and causes delays. Removing it will cut red tape and speed up transport projects. This is a simple and, I hope, uncontroversial clause, and I commend it to the Committee.

[Paul Holmes]

We agree with the Government on clause 39. However, if local authority members need to give a majority vote on the first round, it makes the Minister’s claim that the measure will reduce bureaucracy seem a tad overstretched. We will not press the clause to a Division, but circumstances do change between the first and the second resolution. With great respect to the Minister, it is a bit of a stretch to say that simply not putting the second resolution on the agenda of a full council meeting or committee will overwhelmingly reduce bureaucracy. On that point, as well as on the slight undermining of transparency, we seek reassurance from the Minister.

[Matthew Pennycook]

I thank the shadow Minister for that point. In no way am I implying that in a committee meeting, the process of putting hands up on another vote is itself onerous. What are onerous are the delays that can be caused by the need simply to reaffirm a vote that has already taken place. The Government think this is a simple and proportionate change to ensure that the Transport and Works Act is modernised appropriately.

As I hope the Committee saw this morning, the Transport and Works Act, which is over 30 years old, needs to be brought up to date and into line with other consenting regimes. Clause 39 deals with just another example of an element of that Act that requires addressing. All interested parties in a Transport and Works Act project will be able to make representations as they do now—the process will continue as it does now, but without the need for the second resolution.

Question put and agreed to.

Clause 39 accordingly ordered to stand part of the Bill.

Clause 40

Extension to Scotland of certain amendments

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

--- Later in debate ---

The clause ensures that the same requirements in legislation, such as the duty to reinstate the road after works are completed, continue to apply to EV charge point installers so that none of the existing safeguards are lost. This change will remove barriers to installing electric vehicle charge points on the public highway and, as I have argued, improve the efficiency of delivering transport infrastructure. It also supports the Government’s growth mission, following an investment of over £2.3 billion to support domestic manufacturers and consumers to switch to electric vehicles. On that basis, I commend the clause to the Committee.

[Paul Holmes]

We welcome the Minister’s comments on clause 43. As we enter the world of net zero and increasing green travel, we need to have the infrastructure in place, so we support the Government’s attempts to make that easier. Whether I think electric cars are the future is not within the scope of clause 43—I declare an interest, in that I do not. I think we need to invest in other areas and that, eventually, we will see that the infrastructure simply cannot be delivered in the way that it needs to be, but that is for another day. [Interruption.] The Minister for Energy, who is doing his work in secret at the back of the Chamber, is shaking his head at me. We will have a chat in the Tea Room afterwards about how we should be investing in hydrogen instead of electric cars—but, as I say, that is outside the precepts of this clause. I will get back to the clause.

What safeguards are in place to ensure that EVCPOs meet their responsibilities, particularly when it comes to road reinstatement? I do not mean to dumb down this argument, but we have all had emails coming to our office about this: when road repair and utility companies do works, they are not often joined up. They are not often communicated to local people properly, and, when a local authority gives permission for works to be done by different utility companies, they are not often done in conjunction. An area of the road is dug up, then another organisation comes along and digs it up, and they do not put the roads back properly. Can the Minister outline whether, under current legislation, he is satisfied about that?

Companies being allowed to make these changes with reduced bureaucracy and at increased speed is welcome, but we need to make sure that local authorities use their responsibilities properly so that the consumer and the public are not put in the frustrating situation, which we have all seen before, of disruption and a lack of co-ordinated effort when utilities and other companies do works in local areas.

[Olly Glover (Didcot and Wantage) (LD)]

It is a pleasure to serve under your chairship, Ms Jardine. I thank the Minister for speaking to this clause, and I am pleased to say that the Liberal Democrat Benches are keen to support it. I am also pleased to agree with the Conservative spokesperson on this, although I was disappointed to hear that his preferred method of transport involves hydrogen, rather than joining me on my bicycle, which I very much enjoyed riding in his constituency a couple of months ago.

It is important that we do everything we can to support the roll-out of electric vehicles, which is essential to our goals on air quality and climate change. The United Kingdom has a long way to go, with just 20% of vehicle sales last year being electric, compared with 90% in Norway. Hopefully, these measures will help us to close the gap.

I also welcome the Minister’s assurance that this will not undermine the requirements to make sure that street works are done professionally and repaired with full competence. For any Members with an interest in the subject, the Transport Committee is doing a detailed inquiry into it. Hon. Members are right to point out that that is often a major source of frustration for our constituents. I am very pleased to support this clause.

--- Later in debate ---

[Luke Murphy (Basingstoke) (Lab)]

It is a delight to serve under your chairship, Ms Jardine. I welcome these proposals. This is a major reform that will allow the Government to speed up the delivery of vital electric vehicle infrastructure, to deliver on our climate targets and ensure that we can meet the growing demand for electric vehicles.

I share the disappointment of my hon. Friend the Member for Taunton and Wellington in the words of the shadow Minister, the hon. Member for Hamble Valley, on the future of electric vehicles. The Conservative party’s position is anti-business and anti-investment. Electric vehicles are the future, and they are going to create jobs.

[Paul Holmes]

I resist the temptation to say that the hon. Gentleman is picking me up on every point in this Committee. At no point did I say that I do not think we should have cleaner energy or better, cleaner and greener vehicles. I happen to think that the investment that is needed to bring the infrastructure up to scratch, alongside the emissions caused by the technology that is used in the creation of these electric cars, means that we need to diversify and find other ways to have cleaner cars.

In no way should the hon. Gentleman interpret my words as being anti-business. In fact, other areas, particularly the hydrogen sector, will deliver much more business investment in my constituency of Hamble Valley, and in his constituency of Basingstoke, through the proposals coming forward with the energy companies in the Solent.

[Luke Murphy]

I thank the shadow Minister for his intervention. I do not disagree. Instavolt, one of the largest public electric vehicle rapid charging network providers in my constituency of Basingstoke, fully supports these proposals.

The reason why I think the Conservative party’s position is anti-business and anti-jobs is that businesses are crying out for certainty—they want certainty about the transition, not big question marks about the future. I support the removal of the need for a street works licence under section 50, which will cut down on paperwork and costs. I echo the remarks of my hon. Friend the Member for North Warwickshire and Bedworth on accessibility, but I support this proposal, which will allow us to speed ahead and build a world-leading charging network.

--- Later in debate ---

[Jim Dickson (Dartford) (Lab)]

It is a pleasure to serve under your chairship, Ms Jardine. I fully support what the Government intend to do in this clause. Those of us who have worked in local authorities or have supported the development industry over many years will know that there are many occasions when statutory deadlines are not hit, reports do not go to committee at the right time to enable consent within an agreed timescale, and reports have to be deferred because they have not been written well enough by an overstretched planning department.

I have a couple of questions for the Minister about the arrangements that will be introduced through this legislation. Will there be a backstop for local authorities that do not put a regime in place? Will he consider allowing local planning authorities and developers to agree bespoke fees for applications to be determined on a shorter timescale? Is the use of planning performance agreements, which are currently in common use, affected by the new legislation? What performance management arrangements do the Government want local authorities to put in place to justify the fee changes?

[Paul Holmes]

I welcome what the Minister has to say about this clause. In common with other hon. Members who have spoken, we welcome the general gist of permitting regional variation to planning fees as a general principle. In theory, that will create opportunities for local planning authorities to set their rates at a level that works best for them. How will the Government ensure consistency and fairness in planning fees across different local planning authorities, particularly for developers operating in multiple regions? Does the Minister have any thoughts on that?

In considering the need to support local planning authorities, what support will be provided to them to accurately calculate cost recovery levels and comply with consultation and reporting requirements? Given the ever-changing and growing costs to local planning authorities, which we all recognise, how frequently will they be allowed or required to review and update their planning fees?

--- Later in debate ---

[Gideon Amos]

I rise to support amendment 152. The Liberal Democrats have a similar measure on the amendment paper, new clause 11, which also refers to the accessibility of housing. We are pleased to support this amendment, and we support training for planning authorities in general. In the Minister’s summing up, can he address the concern of some organisations that, as well as accessibility, the training needs to include conservation and heritage?

[Paul Holmes]

Clause 45 relates to mandatory planning training, which is long overdue. It could be a huge benefit to local planning authorities to have trained planning committee members.

When many members of the public—and many Members of Parliament—saw the mandatory training element of the Bill, they probably shouted, “Oh good God, thank you!” There is a massive variation in the outcomes of planning committees, as we will come to in debates on other clauses where we disagree with the Government on planning committees. To strengthen planning committees and ensure that they all perform—and that members of planning committees perform to the best of their ability and are trained to make the complicated decisions that local planning authorities and committees have to make—is a good thing.

I declare an interest that, as a former chair of a planning committee at Southampton city council for two and a half years, I really enjoyed the training. The planning training at the time, when the council was under Conservative control—I will say that it does it now under Labour too—was automatically given to newly elected councillors on the committee. It was exemplary.

Councillors could not pick and choose whether to go. Instead, the council very clearly said from an early stage, “If you do not attend this training, we will not defend any decision that you make, and we will not put you on the planning committee, despite the best wishes of group leaders from all parties.” That is a commendable approach, and one that I know other local authorities also take.

Planning decisions are sometimes the most user-friendly decisions that are made; although they are not necessarily the most important, they are where a local resident will have the most interaction with their local authority. Apart from when a bin is not collected—or, in a unitary or county council, when someone is going through problems with education or an education, health and care plan—planning decisions are the bread and butter of the public facing element for locally elected politicians.

Later in Committee, we will talk about how the Opposition feel that the Government are trying to take some of those responsibilities away, but the precept of this provision to allow locally elected councillors to have the best training that could possibly be provided, so that they make decisions that they are proud to stand by and are legally defensible on appeal, is long overdue and is of huge benefit to local authorities. We welcome clause 45.

On Government amendment 49, the Minister may forgive me a slight rant. I absolutely agree with this amendment on mineral planning authorities. I suggest that officers and managers of highways authorities, particularly those in Hampshire, should also undergo some training, given how woefully Hampshire county council officers have dealt with a mineral extraction facility in Hamble in my constituency. I know that the Minister cannot comment on that in his semi-judicial capacity, but I can because I do not have those responsibilities.

Locally elected councillors, who should make the decision and have had the proper training, refused Cemex’s application. When it came to appeal, local planning officers removed the rug from under people’s feet by refusing to defend that decision, so the local community has had to find £75,000 to try to defend it—thank God for the constituents of Hamble who are defending it. I know that the Minister cannot comment on that case, and I am being slightly facetious, but perhaps we need an audit of the way that officers engage their responsibilities as mineral and waste planning authorities. Other Committee members are aware of the case in Hamble, and, although I will not ask them to speak on it, I know they will be sympathetic to my call.

I thank the hon. Member for North Herefordshire for moving amendment 152 on behalf of the hon. Member for Shipley. It is well intentioned, but it would create a burden that is already met by national equality and planning legislation, as well as local authority planning guidance and locally set planning regulations. This is a slight role reversal, but I hope that the Minister will agree—I am not writing his lines for him—that accepting the amendment would create more bureaucracy for councillors on planning committees.

There is already provision, through national guidance, national legislation and local guidance, to ensure that developments are accessible and that accessibility is at the forefront of any proposed development. The Opposition do not support the amendment, because we believe that we have made great advances over recent decades in ensuring that developments are accessible and that local authority members and planning officers take very seriously their responsibilities when it comes to accessibility in the planning system.

I wholly welcome clause 45, which is a great thing for the empowerment of local authority councillors. It will bring councillors, their constituents and their residents closer together. Some of the most difficult decisions that I had to defend in my time as a councillor were those I took on planning applications as chair of the planning committee, particularly on the big blue IKEA in Southampton, which other hon. Members might have been to. Yes, I did that—I am looking to other Hampshire Members, who may have been there.

That decision was controversial, but I was able to defend it because I had had the training. When some of my or my committee’s decisions were challenged, I had a detailed knowledge from that planning training, which officers provided, so I could be questioned at appeal and make sure that the decisions were sound. We lost a few, but we defended a few; that is the nature of local democracy. I say to the Minister that I am deeply encouraged by clause 45, which we wholeheartedly support. We do not accept amendment 152. We wholly agree with Government amendment 49.

[Matthew Pennycook]

I welcome the considered and thoughtful contributions from hon. Members on both sides of the Committee. I will set out the purpose and effect of the clause, address amendment 152 and speak about Government amendment 49.

As we heard in the contribution of the hon. Member for Hamble Valley, planning is principally a local activity, because decisions about what to build and where—although not decisions about whether to build at all—should be shaped by local people. That is why we believe that planning committees have an integral role to play in providing local democratic oversight of planning decisions. As I have said, I have been a local councillor and sat on planning committees, as have many Committee members—the hon. Gentleman just set out his experience. Planning committees are comprised of dedicated elected members, and in most instances the decisions are well informed and robust.

It is, however, vital that in exercising their democratic oversight, planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions. One of the ways we want to achieve those outcomes is by ensuring that all planning committee members receive adequate training to support their important work, which can be extremely complex when it comes to certain challenging applications.

The hon. Member for Broxbourne rightly made the point that lots of local planning authorities already have some form of mandatory training in place. Data from the Planning Advisory Service suggests that more than 80% of councils do, but a percentage do not, and approaches to training vary quite widely across the country. That leads to inconsistencies in knowledge relating to planning law and in practice among planning committee members, which obviously has an impact on their ability to apply the relevant laws and policies when making planning decisions.

--- Later in debate ---

[Matthew Pennycook]

That is a fair and reasonable point. If the hon. Gentleman will allow me, I will write to him to set out the Government’s thinking on that issue. If it is available—I fully expect that it will be— I will give him some sense of the level of refusals on appeal for decisions made by committees versus decisions made by expert planning officers, which I think would be relevant. In general terms, in many instances, we think that expert planning officers have the relevant expertise to make good decisions on the basis of planning law. We are trying to ensure through this clause that elected members also have that experience in place through mandatory training.

As has been rightly said, the clause is about building on existing good practice—there is very good practice out there—and ensuring that it is implemented consistently across the country. It is worth noting that mandatory training for committees was strongly supported by the sector as a whole in the responses to the planning reform working paper where we set out ideas in this space, lots of which we are taking forward.

We will introduce regulations to specify which planning functions are covered by this measure, what the training looks like—its nature and content, and how it will be delivered—and details about the certification process. Those regulations will be subject to further engagement with the sector and I will reflect on all the points that have been made today.

[Paul Holmes]

The Minister is being very kind; he just mentioned a point that I forgot to mention. I do not expect certainty, and he has said that he is bringing forward regulations, but what work has the Department already done with organisations that may have the capacity and the desire to provide that training to local authorities?

There may be situations where a planning officer within a local authority may be confident that they can provide that training, as was provided to me, but we also had the Local Government Association and other private KCs—QCs at the time—who could be paid to provide training. How does the Minister anticipate the training will be provided and by whom? Has his Department started the work to see what parties might be interested in providing the training?

[Matthew Pennycook]

We have had a huge amount of engagement with the sector, both in working up the proposals and in the feedback that we have received to the planning reform working paper. The hon. Gentleman will also be aware of the Planning Advisory Service that already provides local authorities with support, and there are other organisations in this space that have a direct interest in planning and training. I am happy to provide him with further details if he wishes but, as I say, through the introduction of regulations, further detail will be forthcoming.

I should mention—Opposition Members will particularly enjoy this one, I think—that the Mayor of London can act as a local planning authority in respect of applications of potential strategic importance, so the training requirement will apply to him too.

[Paul Holmes]

I might as well pack up and go home— I did not hear any “hear, hears” in response to that—because the Minister has given us the best news that the Mayor of London requires planning training, after the failure of his authority to deliver the housing numbers that it wants and now the announcement that he thinks that he has carte blanche to build over the green belt with his blessing and that of the Secretary of State. I am delighted that under a Labour Government’s proposals, the Labour Mayor of London might actually learn something about planning in his authority.

[Matthew Pennycook]

What is there to say to that? In no way did I imply that the Mayor of London requires planning training—I think he has had extensive planning training—but the training requirement set out in this clause will apply to him, because he acts as a local planning authority in respect of applications of potential strategic importance.

Likewise, it will apply to mayors of combined authorities and combined county authorities where they have functions corresponding to the Mayor of London conferred on them. The requirement will also apply to any persons authorised to act on their behalf, including, for example, deputy Mayors in London and other such figures. A mandatory requirement for training in planning matters will improve the overall decision-making process and decrease delays in delivery of much-needed homes and other crucial developments.

Before I turn to amendment 152, I will address a very well made point raised by the hon. Member for Broxbourne. Through regulations, we will set out the timing of when training is required, but he asked an important question about what happens if training is not in place when a decision is required and whether that would stall the process. As he will know, local authorities have their own codes of conduct. We trust local authorities to ensure that committees are carried out in accordance with the rules and regulations set out by the clause. We are aware of the need to ensure that undue delays are not caused, so for that reason any decision reached by members who are in breach of the measure will not be invalidated, but the requirement will still apply to local authorities. We are reliant on their code of conduct to enforce it.

Amendment 152 was tabled by my hon. Friend the Member for Shipley and spoken to by the hon. Member for North Herefordshire. As other hon. Members have said, it raises the excellent point that development must form an inclusive and safe environment for everyone. We wholeheartedly agree that that is of paramount importance.

The national planning policy framework makes it clear that planning policies and decisions should ensure that developments create places that are safe, inclusive and accessible. We want to ensure that our mandatory training supports members of local planning authorities to make decisions properly, in accordance with the relevant planning policies, including those I have just mentioned, and other material considerations. That is why we will work closely with the sector to design the mandatory training.

We do not think it is necessary to specify details of all the matters covered by mandatory training in the Bill, as to do so would be exhaustive and would pre-empt the forthcoming regulations and the further detail that I have referred to. I assure the hon. Member for North Herefordshire and my hon. Friend the Member for Shipley, who tabled the amendment, that we will consult on the content of the training to ensure that councillors are appropriately supported in making decisions in this area.

--- Later in debate ---

[Matthew Pennycook]

As I have set out, the Government recognise the vital role that planning committees play in ensuring that decisions about what to build and where are shaped by local communities and reflect the views of local residents. Under local government law, local authority planning decisions must be a committee function, not an executive one, and presently every council has its own scheme of delegation to identify the circumstances in which planning decisions are taken by the planning committee rather than delegated to officers.

While the vast majority of planning decisions for local planning authorities are made by committees— around 96%— there is some inconsistency, which can create risk and uncertainty in the system. Clause 46 therefore seeks to build on the existing approach by giving the Secretary of State the power to introduce a national scheme of delegation. I reassure the Committee, as I have at other stages, that these measures are not about taking away democratic oversight but about spreading good practice, and there is good practice out there already.

A national delegation scheme will set out which planning functions across the country should be decided by officers and which by planning committees. It will also give the Secretary of State the power to set requirements around the size and composition of planning committees, so that we can have a uniform arrangement across the country as to what is effective in that regard. That will help to address some of the issues that we have identified around the operation of planning committees, which include a lack of consistency and clarity on which applications will be determined by committee; too much time spent considering applications that are compliant with the local development plan, or considering niche technical details including post-permission matters; and a lack of transparency on committee decisions and their consequences.

There is lots of good practice out there, and we know that in almost all instances, committees make good decisions on the basis of planning law and relevant material considerations. However, we are all familiar—in particular those of us who have served in local government and on these committees—with examples of where a development proposal was on a site allocated in the local plan, and in line with all policy expectations, but the committee refused the application against officer advice, and the subsequent appeal was upheld, unnecessarily costing the local authority significant sums of money and creating delay.

[Paul Holmes]

Does the Minister not understand that local plans are usually formed by an administration and executive of the council, and that it is up to local ward members who may be affected by appointed or adopted sites within that local plan, and who feel that they want to have a say, to request that that is called in? If a planning committee decides that it should not go ahead, that is their decision. Does he not see that there is a separation between the power of the executive to meet the guidelines that the last Government and his Government have set out, and the willingness and ability to allow the planning committee to make decisions, even if it is on sites that an executive has already approved in the council’s local plan?

--- Later in debate ---

[Matthew Pennycook]

My hon. Friend is absolutely right that it is not a cost-free decision to refuse an application where a committee does so on grounds that are not robust. That does not apply in the vast majority of instances. As I say, most committees are comprised of elected members who are diligent, considerate and aware of the risks. Through the mandatory training that we have just discussed, we are trying to get to a situation where elected members are trained and are more cognisant of planning law and the considerations they have to take forward. We want to ensure that there is consistency across the country.

As I say, there are two issues at play here. Some Members may take the view that a national scheme of delegation is wrong in principle. If Members do not take that view, which is not the Government’s view, the debate that we should be having, and will have—as I said on Second Reading, we will bring forward details, so that we can consider them alongside the Bill—is what the most appropriate national scheme of delegation would be, to achieve the right balance between making sure that the most controversial, major applications come before committees and entrusting expert planning officers to make other decisions.

[Paul Holmes]

I wonder whether the Minister has given any thought to political proportionality when it comes to any future national scheme of delegation. I will give him an example. Forgive me if this is slightly out there; if so, I can write to him, or we can have a conversation in the Lobbies later.

Say a local authority was 87% made up of one party, and there was one councillor from one party and another councillor from another party. In my constituency, we have a local authority that is overwhelmingly dominated by one party. For many residents, the planning system feels like it is out of touch, because the leader creates a different committee that allows just his party to make a decision—or, in the usual planning committees, local residents do not feel like the administration’s wishes are being taken into account, because the planning committee is overwhelmingly dominated by one party.

Will the Minister please assure us that any national scheme of delegation will not exacerbate that situation where local authorities have very strong political control one way, and political decisions within the planning system are taken by an overwhelming political administration? Will he assure us that we can have future discussions about that, so that such a situation in any local authority would not be made worse by a national scheme of delegation? I hope I explained that right.

[Matthew Pennycook]

The shadow Minister did explain that correctly, and I recognise the challenge. I would say two things: first, I assure him that party political considerations have not factored in any way into the development of the clause. The measure that we are proposing will improve the situation in the sense that, if there are very clear rules about which applications can come before a committee and which should go to national expert planning officers, as per a national scheme of delegation, some of the potential to use specific applications that might not be the most major, controversial applications that should come before a committee, in a political way, will be removed. As I said, the detail regarding what the national scheme of delegation will entail will come forward in due course.

As I mentioned, the clause also allows the Secretary of State to make regulations setting out the size and composition of planning committees. Best practice suggests that having smaller planning committees can lead to more effective debates and decision making. We have seen some extremely large and unwieldy planning committees across the country. We want to ensure that there are, within reasonable parameters, some prescriptive views on what the most effective size is.

Our views have been tested with the sector. In response to our working paper, there was broad support for the principle of the proposals from the local government sector, and we will continue to take on feedback as we refine our detailed proposals. That will, as I said, include a formal consultation on the regulations through which the new powers will be exercised. That is a requirement imposed on the Secretary of State by the clause and must happen prior to the regulations being made.

As I said, local democratic oversight of planning decisions remains essential, but it is vital that planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions. Clause 46 is about ensuring that skilled planning officers in local authorities are trusted and empowered in their roles, while retaining important democratic oversight on those sites that local people care about most. I commend the clause to the Committee.

Government amendments 50 and 51 are both minor and technical amendments clarifying that the power of the Secretary of State to make regulations requiring relevant planning functions to be discharged by committee, sub-committee or an officer, and regulating the size and composition of a planning committee, also apply to mineral planning authorities. As the Committee will be aware, a local planning authority is not necessarily also a mineral planning authority; it depends on if and where there is a minerals site.

Mineral planning authorities are a special type of planning authority, and it is only right and proper to include them within these provisions to ensure greater consistency and certainty within the planning system. We must be clear about which local authorities are to be caught by this clause. The amendment clarifies that mineral planning authorities, where they exist, are to be subject to the provision in the clause.

[Paul Holmes]

We will oppose the clause. Our reason for doing so is that this chapter of the legislation is a massive power grab and piece of centralisation. The whole Bill—in particular its planning reform elements and this clause—reeks of this Government’s centralising zeal, as I said on the Floor of the House on Second Reading.

I tried to explain our point of view in my interventions on the Minister. He rightly challenged people to say whether there should be a national scheme of delegation, and Conservative Members wholly say that there should not be. I am grateful that he recognises that that is a not an opportunistic viewpoint; it is one that we sincerely believe.

Local authorities should have the power to do what they wish to do, because they are elected by their constituents and their residents. They, too, have a democratic right to exist and to undertake the responsibilities placed on them by the residents of their wards. They have a democratic right and duty to undertake those responsibilities and to participate in their accountability structures as local councillors, delegated to make decisions on behalf of their residents, and of their towns, cities and villages all over the UK.

As I said, we are concerned that the clause is just another attempt to centralise and to give the Minister and the Secretary of State the ability to build 1.5 million homes without necessarily allowing democratic checks and balances to be in place. In further amendments later in the Bill, the Secretary of State and the Minister of State actively try to take power away from local authorities and locally elected people.

Has anyone on the Labour Benches who was in a local authority—I asked this on Second Reading—been approached by their local councillors saying that they are not happy? Former council leaders and former councillors sit on this Committee, and I ask them whether councillors have told them that their own party is taking away councillors’ power and ability to speak for their residents. Members of Parliament in Committee are actively allowing that to happen if they vote for this clause to stand part.

Many local authorities are allowed to choose the way in which they do their business. That is why we do not believe that there should be a national scheme of delegation. In my own regional structures, the county council has a regulatory committee and two planning committees, and the borough council—although I have vast disagreements with how Eastleigh is managed—has local area committees that are accountable to the local wards in their localities. Such committees are actually more democratic, because different parties might represent the ward on them. When I was a councillor in Southampton, we had one planning committee that looked after everything within the authority boundary. All of that is because local authorities, through their own delegated schemes and democratic structures, pick how they wish to conduct their business. The clause will simply stop those local authorities being able to do that.

I am not talking to the Minister only about the size of the committee and the principles behind that. All the way through this clause are regulations for the Minister to lay, not only about the size and composition of committees discharging such functions, but requiring which functions are to be discharged. Local authorities already have that. We believe that local authorities should be able to decide that.

I challenged the Minister on one of his examples about local plans that are drawn up by an executive but can now be challenged by locally elected members of a planning committee. We do not see anything wrong with that. Local council members represent wards affected by local plans delivered by an executive. Whether that is an executive of the same political persuasion as the councillors who have concerns or of a different political persuasion, councillors have their rights under a local scheme of delegation.

That planning application should be able to go to a planning committee and be called in by a member under the rights that they have as a councillor. If, after its members have been trained through the excellent provision proposed by the Minister, the planning committee still decides to reject the application, that is the power and right of the locally elected councillor, and this Government are taking that right away.

[Nesil Caliskan]

Does the hon. Member not recognise that a local plan has to be approved by full council? That already gives every single councillor the ability to have their say at a full council meeting. Democratic oversight sits not just with local planning committees, but with different local authority functions. Democratic oversight is at its best at full council, and local plans are approved at full council, with a vote for every member.

[Paul Holmes]

I accept what the hon. Lady says, but I do not agree that a local ward member who may disagree with the local plan should not then have it considered in planning committee later on. Of course, a full council does meet to approve the local plan, but I go back to my original point: that is an executive decision.

[Nesil Caliskan]

It is not. It is a full council decision.

[Paul Holmes]

It is an executive decision. An executive is required by legislation to put five-year housing land supply forward under a local plan, and a local plan is approved by full council. That work is undertaken by officers, signed off by a lead member for environment or planning under their responsibilities, and put forward to full council. The hon. Lady is absolutely right about that, but why does she then say that if a ward member wants to call in a planning application that affects the constituents who elected them in the village they represent, that should not be allowed to go to a planning committee and be decided on by that committee, whether or not it is against the executive’s local plan?

[Nesil Caliskan]

Does the hon. Member not recognise that once a local plan is approved at full council, it is a regulatory framework that has legal standing? That is the framework on which a planning committee bases its decision. I take the point that members may want to voice a view, but in the context of a regulatory framework, all we are doing is setting people up for failure and costing taxpayers money for decisions that will be overturned on appeal.

[Paul Holmes]

Again, I understand where the hon. Lady is coming from, but it is still within the rights of the appointed planning committee to say yes or no to the detailed development proposals. Local plans talk about numbers and locations. Planning applications that go before officers but are then called in by the committee are discussed in detail: what the developments look like, how many affordable houses there are, and what roads and community infrastructure there will be. That is the right of local planning committees, and under these measures this Government will take that away.

Why does the Minister feel that he and the political leadership of his Department should say what functions should be discharged by a committee, sub-committee or officer, and what conditions local authorities should abide by? I say that that is the right of the local authority, and that a scheme of delegation drawn up through consultation by local members in a full council or a committee role should perfectly satisfy the democratic checks and accountability that local people expect.

We said earlier that one of the only ways in which people engage with their local authorities is through the decisions that their councillors make on planning applications. This Minister and this Government are potentially taking that away from a huge number of people across the country, just because they want to get their 1.5 million houses through. They are doing so based on what they think is acceptable, despite the fact that local councillors may not find it acceptable to them. That is a disgrace. This is the way in which this Government have decided to go forward on delivering their 1.5 million homes—through mandatory targets in urban versus rural areas, a national scheme of delegation, and taking power away from local planning authorities, local councillors and lead members.

The Opposition say that that is a disgrace. That is something that local members should be doing. At every sitting of this Committee and at the later stages of the Bill, we will always say that locally elected councillors should have the power and right—they have the democratic responsibility and the democratic mandate—to make local decisions for local people. This Government are taking that away. We will oppose this clause and push it to a Division, because it is simply not right for the people in this country, who elect their councillors to speak for them. Every hon. Member on the Government side of the Committee whose councillors and constituents are affected by planning decisions is effectively saying to those councillors that they are not good enough to make decisions on behalf of their ward members, and that those ward members should not be making decisions on behalf of their councils. I look forward to them explaining that at their AGMs.

[Amanda Martin (Portsmouth North) (Lab)]

It is a pleasure to serve under your chairmanship, Ms Jardine. I would like to speak on amendments 50 and 51.

Portsmouth is a part of a minerals partnership and collaborates with Hampshire county council, Southampton city council, New Forest national park authority and the South Downs national park authority. Together, they have developed and adapted Hampshire’s minerals and waste plan. Does the Minister agree that amendments 50 and 51 will support administrative efficiency, particularly for those fully urbanised authorities such as mine in Portsmouth, where we have no or very few mineral resources to extract? Releasing such authorities from having full mineral plans and duties could reduce future duplication and free up much-needed planning resources, allowing us to work on plans that are relevant and specific to our area.

--- Later in debate ---

[Paul Holmes]

The hon. Gentleman is making a very reasonable argument. Does he agree that we could be having a very different debate today if the Minister and the Secretary of State had not been so heavy-handed in legislating on what local councils can do? We could be having a conversation about national guidance for planning committees. This overreach and this democratically reductive approach are the reason why the hon. Member for Taunton and Wellington I are so concerned about the Government’s measures.

[Gideon Amos]

I agree with the hon. Gentleman. As I have said, the Local Government Act will be changed so that councillors may not have permission to recover such decisions, even if every single member of the council disagrees with a decision. This would be better described not as a national scheme of delegation, but as a forced removal of planning powers from councillors.

In response to a statement in December, a number of Members from across the House challenged the idea of taking these powers away from planning committees. The Minister said that the measure would be in relation to “minor reserved matters” applications—that is from Hansard on 9 December 2024—but the clause we are presented with has no limits at all. The Secretary of State may draft regulations in relation to any relevant function, so there is no such qualification and no limitation on any future Minister or Secretary of State.

Let us look at the history of planning in this country. It began as a local system and has gradually become more and more centralised and nationalised in its approach. Surely to goodness, that is exactly what will happen again with this huge power that is being given to future Secretaries of State.

Breaking the link between elected councillors and decisions made by their councils is so anti-democratic, and it will undermine trust in politics further. Councillors are coming to me and asking me, “What is the point of being a councillor any more?” Imagine their voters’ response if councillors say that they no longer have any ability to affect a whole tranche of decisions, and what decisions they are allowed to make will be determined by Ministers in Whitehall, not by their council.

By dint of this clause, the Government’s message is, “It doesn’t matter how much you engage in the planning system. It doesn’t matter which councillors stand for election, what they stand for, what their manifestos are or who gets elected. All decision making is directed by Whitehall, and local people must keep out. They have no say over what their employees will decide at the council.”

The enforced removal of decision-making powers is completely unnecessary to sustain the granting of the permissions and consents that everyone wants in order to provide the housing that the country needs. The vast majority of planning decisions—some 97%—are already made by council officers. Councillors and committees are not blockers; they approve nine out of 10 of all applications that come before them.

--- Later in debate ---

[Matthew Pennycook]

I take the point, but let me be clear about what I said: every reserved matters application should come back before a committee. I will come back to the point that the hon. Gentleman rightly raises, but in terms of outcomes we think this measure will be impactful.

My second point is about straw men. Parts of this debate have generated more heat than light, if I am honest, and many allegations have been thrown around. Some said that this measure rides roughshod over local democracy, and the hon. Member for Broxbourne alleged that the Government are saying that once a local plan is in place, every decision will just be shoved through. That is obviously not the case, so let me be very clear about what we are talking about.

Local schemes of delegation are in place across the country. In lots of those, lots of decisions are delegated to planning officers. In principle, we all agree that expert planning officers should be allowed to make decisions on certain applications—I do not think that is contested—so let us put what we are discussing in proportion. We are not changing the consultation rules on planning applications. Representations are and will continue to be considered by the decision maker, whether that is the planning committee or the planning officer. In that sense, I will continue to argue that the proposed change does not remove democratic oversight.

My third point is about what is decided. There are understandably a lot of assumptions about what the national scheme of delegation will suggest. I would wager that in a couple of years’ time, when we look back at this, a lot of the concerns raised will seem to have been unfounded. I hope the Government allay those concerns when we bring forward the precise proposals about what we want the national scheme of delegation to entail. It is not the case that the controversial and significant applications that several hon. Members have raised, which we agree should absolutely come before committees, will be ruled out in the national scheme of delegation. The assumption about the amount that we are removing from the system will prove to be unfounded.

[Paul Holmes]

I would say to the Minister that significance is in the eye of the beholder, but may I bring him back to something that he said? I do not want to do him a disservice, but I believe he said that planning officers’ decisions, rather than local committee decisions, would not change under a national scheme of delegation; they will still be there. Can he assure us that any ability that currently exists within local schemes to call in a decision made by a planning officer will not be affected by the national scheme of delegation that he proposes?

[Matthew Pennycook]

I understand why the hon. Gentleman is doing so, but he tempts me to announce the proposals that we will bring forward. I would like to do that as a package so the House can see what the Government are proposing. As I said, at that point I think some of the concerns will have been assuaged.

My fourth and final point, which is the crux of this debate, is that we can have a very sensible discussion about the type of things that should or should not be in a national scheme of delegation. The shadow Minister just inadvertently went down that route, and I am happy to have that conversation. The hon. Member for Taunton and Wellington gave the game away, in a sense, when he argued that if we were just talking about a scheme of standardisation across the country, that would be fine, but a national scheme of delegation is not. We are, in a sense, talking about a standardised scheme that will ensure consistency in the system about what comes forward.

Cold and Damp Homes

Paul Holmes Excerpts

Thursday 8th May 2025 Westminster Hall

[Paul Holmes (Hamble Valley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Western. I welcome the Minister to his place and congratulate the hon. Member for Leeds Central and Headingley (Alex Sobel) on securing this debate.

It was the English Army officer and playwright Guy du Maurier who wrote that every Englishman’s home is his castle. In that phrase, he summed up the immense feelings of pride and belonging that people should feel about their home. Whether they are homeowners or renters, it should always be the case that everyone in this country—every child, every parent, every pensioner—can live in a home that is warm, dry and safe. I know that all colleagues in this House will agree that that should be the bare minimum.

The hon. Member’s timing in calling this debate is, as usual, perfect—it is almost as good as his timing in arriving at the debate with 30 seconds to spare. Maybe he should think about entering a marathon with sprinting like that—

[Alex Sobel]

This Sunday!

[Paul Holmes]

Good luck to him—I hope he sends his sponsorship details to every Member in the House. He outlined a very important case. Whatever party and constituency we represent, we will all have received the bog-standard response from a housing association or council saying that residents who have damp and mould have had their mould wash put in, and they need to keep their windows open and they need to stop using the tumble dryer indoors.

It is not good enough. All Members in this House need to push harder on the sector, and we need to push harder in raising the concerns of our constituents who have those problems. We must all do better, and there is much more to do.

In that spirit, I refer to the fantastic speech of the hon. Member for Bath (Wera Hobhouse). She set out the clear conflict in the social sector between building more homes and ensuring investment to keep standards up in the housing stock. Those concerns have been raised by the sector with me, as shadow Housing Minister. I would not go as far as to say that I agree with the hon. Lady that it is impossible, but it is certainly a lot harder. I myself used to work for the largest housing association in the United Kingdom. We consistently had a line back to the previous Government; we wanted to be ambitious, and we absolutely wanted to commit to making sure that we had decent homes. The issue is that, with homebuilding targets relying on the old profit model, not-for-profit companies get stuck trying to deliver those targets. We need to do better at making sure that the sector is supported.

I am a great fan of the Chair of the Housing, Communities and Local Government Committee, the hon. Member for Vauxhall and Camberwell Green (Florence Eshalomi). She said that there is still a taboo around social housing. She is absolutely correct. I am proud to have grown up on council estates in New Cross, Bermondsey and then Lewisham. My parents still live in their council house. In all parties, we should express our support for people who live in council housing. For many, it is a great step up and a security blanket. I would be the first to admit that the last Government did not go far enough in supporting the housing and social sector. I am determined to change that, because I was created and grew up in the sector myself.

Every home should be a place of pride, safety and stability. That sense of pride is shattered when people are handed keys to a new home built with shoddy workmanship, incomplete fittings or insufficient insulation, or when people’s homes are not looked after properly, with poor repairs and maintenance regimes of housing associations or private landlords. They need to be supported more. On new builds, the last Government did important work to make new homes fit for the future, including by improving insulation standards, but where insulation is still lacking, we need urgent action. I welcome the new responsibilities given to Ofgem to oversee repairs and remediation in this area.

This debate is not just about building new homes to a suitable standard; it is also vital to legislate for the proper and safe maintenance of the existing and ageing stock. I am pleased that in the last Government we passed the Social Housing (Regulation) Act 2024, a landmark piece of legislation that strengthens the powers of the regulator of social housing. The Act introduced Awaab’s law, setting strict limits for social landlords to deal with hazards like damp and mould. The tragic death of two-year-old Awaab Ishak—I used to share an office with his MP, before he left this place, so I saw the tragic case borne out in real time—was caused by prolonged exposure to mould in his home and is a heartbreaking reminder of what can go wrong when we fail to act.

Such a tragedy should never have happened, and we must ensure it never happens again. There must be nowhere for rogue landlords to hide—either private landlords or social landlords. While of course holding this Minister and Government to account, I will continue to work with them to build on the progress we have made in protecting tenants from dangerous living conditions.

[Florence Eshalomi]

I thank the shadow Minister for his open and honest speech. I know that he cares passionately about this area. Does he agree that the previous Government could have helped on the really important issue of no-fault evictions? So many tenants were in properties where there was too much damp and mould, did not say anything through fear of being evicted, but then lo and behold, found themselves being evicted through no fault of their own.

--- Later in debate ---

[Paul Holmes]

The hon. Lady is correct to say that there are areas in which we could have gone further. Some of that could have been met by actions we brought forward, such as a new housing ombudsman and making sure that regulation was better, but I do not think we worked at pace to do that as fast as we could. We need to learn from that, as I said openly to the Minister. I congratulate him on his position, as there is no one in the House who knows more about the housing sector than him, having prepared the manifesto. We may disagree vehemently about it at times, but I cannot knock his talent and expertise. That is where we will offer to work with the Government on making those great strides.

It is utterly unacceptable in 21st-century Britain that any family should be put in danger because of where they live. Everyone, regardless of background, income or postcode, deserves to live in a decent, safe and secure home. The last Government’s consultation on Awaab’s law proposed sensible timelines. Landlords must investigate hazards within 14 days, act within a further seven, and complete emergency repairs within 24 hours. I welcome this Government’s commitment to implementing the law from October. That implementation must be timely, thorough and enforced, and they will have our support in doing so.

It is important to highlight that providers across the sector continue to invest in their existing stock to drive up standards. The previous Government oversaw the halving of the number of non-decent homes in the social housing sector since 2010, but the cost associated with these new requirements will likely require a rise in rents and service charges, which present their own associated challenges to an overburdened sector. As L&Q Group—not the housing association I worked for, but its rival—noted

“providers across the sector invested £37 billion in bringing homes up to a decent standard, at an average cost of £10,000 per home.”

But without additional Government support, this pace will slow, adding more pressure on renters. As the hon. Member for Bath outlined, it will also slow house building in this sector for the people who most need it, and it will harm the Government’s 1.5 million housing target.

On that topic, I must turn to the issue of winter fuel support, as the hon. Member for Leeds Central and Headingley did. The Minister knows our views on winter fuel support, which I will not rehash, but it is a lifeline for many, and especially for our pensioners. I know I speak for many colleagues across the House when I say that I am deeply concerned about this Government’s decision to scrap the winter fuel allowance, which will impact 10 million pensioners nationwide. Age UK research shows that, in the north-west alone, 1.2 million pensioners are losing support and 300,000 of them are already living in or close to poverty. That is not just a policy failure but a moral failure that we all must bear. Our pensioners have worked in, contributed to and built this country, and we cannot and must not leave them out in the cold.

Energy bills are still going up, and there is the double whammy of removing the winter fuel payment and the energy inefficiency of housing, particularly for pensioners. The Government’s promises to freeze energy bills have not been met, which is not only harming those who are vulnerable but stopping them heating their homes when they need to.

I hope that the Minister takes my criticisms, suggestions and support in the spirit in which they are intended. The Government have a lot to reconsider: a settlement for pensioners that exacerbates their strained living conditions; a housing algorithm that abdicates responsibility for the issue to overburdened local authorities; and a faltering ambition to build a record number of homes.

We all want to see more houses built—I have repeatedly said that—and for those houses to be of high quality, but we also want to have a decent standard of homes across the private rented sector, too. There is much more work to be done, and the Government must rethink their approach to benefits for pensioners and vulnerable people while they still have a chance to correct their course, or it will be the general public who suffer the consequences of the Government’s mismanagement. I stand ready to offer support to the Minister in a genuine, open and constructive way, and I look forward to his response.

Planning and Infrastructure Bill (Third sitting)

Paul Holmes Excerpts

Committee stage
Tuesday 29th April 2025 Public Bill Committees

[The Minister for Housing and Planning (Matthew Pennycook)]

It is a pleasure to serve under your chairship, Mrs Hobhouse. Before I speak to clause 1 stand part and respond to the hon. Gentleman’s amendment, I put on the record my thanks to the large number of witnesses who gave up their time last week to give evidence to the Committee and inform our deliberations.

Sustained economic growth is the only route to delivering the improved prosperity that our country needs and the high living standards that working people deserve; that is why it is this Government’s No. 1 mission. The failure to build enough critical infrastructure, from electricity networks and clean energy sources to public transport links and water supplies, has constrained economic growth and undermined our energy security. That is why the Government’s plan for change commits us to fast-tracking 150 planning decisions on major infrastructure projects by the end of this Parliament.

While nationally significant infrastructure project applications are already being processed 50 days quicker on average than in the last Parliament, achieving that milestone will require the planning regime for NSIPs to fire on all cylinders—yet we know that the system as it stands is too slow and that its performance has deteriorated sharply in recent years. The Government are determined to improve it and to deliver a faster and more consenting process for critical infrastructure that will drive down costs for industry, bill payers and taxpayers.

Key to an effective NSIP regime is ensuring that national policy statements are fit for purpose. To be clear, those statements are the primary policy framework within which the examining authority makes its recommendations to Ministers on individual development consent order applications and against which the relevant Secretary of State is required to determine an application. However, as the hon. Member for Taunton and Wellington just noted, despite their importance many national policy statements are outdated, with some having not been refreshed for over a decade.

Clause 1 addresses that problem by establishing, on enactment, a new requirement for every national policy statement to be subjected to a full review and updated at least every five years. NPSs can be reviewed at any point within that five-year timeframe, at the discretion of the Secretary of State. Additionally, any statement that has currently not been updated for over five years must be brought up to date within two years of the clause’s enactment.

Having taken on board the views of consenting Departments, a wide range of industry stakeholders and the recommendations of the National Infrastructure Commission, we believe that a five-year timeframe strikes the right balance between ensuring that statements are kept up to date, while avoiding rapid change and the consequential uncertainty for the infrastructure sectors that would be caused by a more rapid review timeframe.

[Paul Holmes (Hamble Valley) (Con)]

The Minister may come to this later, but he will also be aware that clause 1 will make provisions for the Secretary of State to update an NPS later than required when there are exceptional circumstances, including laying a statement to Parliament. We will discuss in relation to later clauses our concern about transparency and engagement with the House. Will he outline how the Secretary of State will be able to consult the House, once she has laid that statement, to help to form her view and the Government’s view going forward?

[Matthew Pennycook]

I thank the shadow Minister for his question, and I look forward to what I know will be constructive debates over the days and weeks to come. He makes a fair point, which I am just coming to, in relation to the clause also providing for the ability to delay a mandatory update when there are exceptional circumstances that the relevant Secretary of State considers make the delay unavoidable.

I stress to the hon. Gentleman that those circumstances must be exceptional. We have in mind an extremely high bar: for example, if Parliament was suspended and could not sit. He will know that in instances where a national policy statement, for example, does not need to undergo a material change, a rapid update can take place on that basis. It does not have to go through consultation or the necessary parliamentary scrutiny requirements. The vision is that this particular part of the clause will be used with an exceptionally high bar, in very limited circumstances. If he wishes, I am happy to provide the Committee with further examples, but I think they will be extremely limited.

In such circumstances, as the shadow Minister said, the Secretary of State must, before the five-year deadline expires, lay a statement before Parliament explaining the reasons for the sought-after extension and when they expect to update the national policy statement, with the delay lasting only as long as the exceptional circumstances exist.

In summary, the changes give Ministers the power to ensure that national policy statements are kept up to date so that they can effectively support the delivery of the critical infrastructure that our country needs and the economic growth that its provision will deliver. I commend the clause to the Committee.

I turn to amendment 32, which, as the hon. Member for Taunton and Wellington set out, seeks to insert a requirement for the land use framework—on which the Government consulted between January and April this year—to be complied with whenever a national policy statement is reviewed. We believe that the amendment is unnecessary because the Secretary of State is already obliged to take into account all relevant material considerations when reviewing national policy statements as a matter of law, under sections 104 and 105 of the Planning Act 2008.

If a future Secretary of State considers the final land use framework to be relevant in the circumstances of the specific national policy statement being reviewed, it must therefore be taken into account. The Secretary of State will, in those circumstances, give the land use framework the weight that they consider appropriate in their planning judgment, but their assessment of relevance cannot and should not be prejudged by writing such a requirement on to the face of the Bill.

The majority of national policy statements are not site or project-specific. For national policy statements that do identify locations as suitable or potentially suitable for a particular development, those locations will already have been the subject of strategic level environmental assessments and appraisals for inclusion in the national policy statement.

When deciding whether to grant development consent for a nationally significant infrastructure project, sections 104 and 105 of the 2008 Act require the Secretary of State to have regard to any matter that they think “both important and relevant” to the decision of whether to grant consent. Once published, the land use framework could be given such weight as the Secretary of State considers appropriate, where they consider it “both important and relevant” to the particular consenting decision that is in front of them.

For those reasons, the Government cannot accept amendment 32, which seeks to introduce an unnecessary layer of regulatory complexity, undermining our ambitions to streamline the NSIP planning system.

--- Later in debate ---

[Paul Holmes]

I will adhere to your guidance and orders on this Committee, Mrs Hobhouse. I intend to speak to clause 2 first, and then I will address amendment 8, tabled by the hon. Member for Taunton and Wellington. We welcome the premise of parliamentary scrutiny of the national policy statements, but we understand that although the usual steps for publishing and consulting on material changes—21 days under the legislation—still apply, the Secretary of State is no longer required to respond to feedback from Parliament or its Committees during that process.

That is a step back on the democratic checks and balances that the House has under current legislation. We are concerned about whether the Secretary of State will have increased power to make decisions without that scrutiny. All Ministers, including the two sitting opposite me, try to make good decisions and do their best by the country, but it is unacceptable that the legislation includes a retrograde step whereby Parliament is unable to feed back on changes proposed by the Secretary of State. We see that as a retrograde step for scrutiny.

We have seen in legislation for other Departments a centralising move into the hands of officials and Ministers. What is the benefit of this provision in the Bill? What is the benefit of taking away a very simple and usual step of Parliament being able to give its views on the Secretary of State’s movements and proposals? It does not make a tangible difference to the process. It just seems to be a power grab—that may be unfair on the Minister—or at least a movement of power away from the ability of Parliament to have traditional checks and balances.

[Matthew Pennycook]

In the interest of focusing the debate on the actual changes that we are making in the clause, when a national policy statement has been reviewed and is to be updated, and involves material changes, all the assessments and consultation that need to take place, including laying the NPS before the House of Commons, will remain in place. We are talking about a specific set of categories of reflective, small changes that, as I will make clear in my remarks later, have already been debated by Parliament in their own terms.

[Paul Holmes]

I understand that, but the fact of the matter is that the Secretary of State will no longer be required, under the Bill, to respond to feedback from Parliament. That is what the hon. Member for Taunton and Wellington is trying to sort out with his amendment. We very much support that amendment, because it would require the Secretary of State to provide a response to the House on amendments to national policy statements.

I have no disagreement on the provision of NPSs and what we discussed in the debate on the last clause. What tangible difference does it make to the Bill if Parliament is taken note of by being able to respond, and the Secretary of State is required to respond to that feedback? The Select Committee has a right to issue its views. Why is the Secretary of State no longer required to respond to that feedback from Parliament? To us, it seems slightly undemocratic to remove transparency and the ability of elected Members of this House, of all parties, to be able to scrutinise the movements of the Secretary of State and Ministers in national policy statements. Perhaps the Minister can explain in his comments what tangible difference it makes to his life or that of his Department that the Secretary of State no longer has to respond to feedback from elected Members of this House.

As I said, we agree with the amendment tabled by the hon. Member for Taunton and Wellington. It would encourage greater accountability as part of the process outlined in the Bill and would enhance parliamentary scrutiny over crucial development policies that the Secretary of State has oversight of.

[David Simmonds]

I rise in support of my hon. Friend the shadow Minister to press the Government on this point. I think the key issue for all of us is what remedy is available where there are concerns about the impact of a decision taken using these new provisions.

In the evidence sessions, there was much mockery of a so-called fish disco at a new nuclear power station. However, the local constituency MP, the local authority or fishing and wildlife organisations would be very concerned about the impact of that development on wildlife, particularly at a location with significant numbers of protected species, some of which are unique in Europe. When the detail of a project emerges and an issue of that nature needs to be addressed, and there is feedback from Parliament, if we have inserted provisions that allow the Secretary of State to say, “I am going to ignore that now,” we lose the opportunity to ensure appropriate remedies and measures to address the impact of that detail, either in planning terms or on the local environment.

I recall a judicial review brought by the local authority where I served as a councillor in respect of a scheme that had been agreed with the Secretary of State. The Secretary of State had written to the local authority and said, “This is what it is going to be. This is the process that is going to be followed.” That Secretary of State was then replaced with another, who said, “I am not going to follow it. Although my predecessor wrote to you last year to tell you this is how it was going to be, I am not going to do it.” The local authority said that was clearly unsatisfactory, because of the impact at community level.

The test that was required to be met for a judicial review to succeed was that we had to be able to demonstrate that the Minister was—what the judge said has always stuck in my mind—“out of her mind” when she told Parliament at the Dispatch Box what she was going to do, on the basis that parliamentary sovereignty was so great. If Parliament had approved the Minister’s actions, regardless of whether they were a flagrant breach of an agreement previously entered into with another part of the public sector, provided they had said that at the Dispatch Box and unless we could prove that the Minister had actually been out of their mind at that point, the decision would stand and would not be subject to judicial review. It could not even be considered, because parliamentary sovereignty has such a high test.

I think the shadow Minister is right to raise the need to get this right. We are all talking about the importance of getting infrastructure and major developments through, and we can understand the desire to drive that forward, but we would not wish to find ourselves in a situation where a key point of detail, which has a significant community impact but which emerges only once some of those detailed elements of a major project are in the public domain, cannot be taken account of and is irrelevant or disregarded in the planning process. It is absolutely critical that we have that level of safeguard to ensure that constituents are assured that the concerns that they might perfectly reasonably have will be properly addressed.

--- Later in debate ---

[Matthew Pennycook]

I say gently to the hon. Lady that she has ignored everything I have said. Every one of the changes that will be able to be made through this process will have already been subject to relevant consultation and parliamentary scrutiny. There is the example of changes to the national planning policy framework, which underwent a huge amount of parliamentary scrutiny through a Select Committee and a statement on the Floor of the House. It is not particularly problematic that we should be able to quickly, in a timely manner—with Select Committee input if it is able to respond in the necessary timeframe—make that change to a national policy statement to ensure that it is up to date and effective.

It is worth considering what the current arrangements require. Currently, the consultation, publicity and parliamentary scrutiny appeal that the Government must follow when updating an NPS, even for a minor change of the kind I have spoken about, is exactly the same as designating an entirely new NPS. There is no ability at the moment for timely and often minor reflective updates that will only reflect policy changes that have already been made subject to scrutiny, and court decisions that have been issued—there is not process for that. We think the system would work far better in most cases if there were.

Although it is a matter for the House, we would hope that in nearly every instance the relevant Select Committee would be able to respond in time, and that those views would be taken into account to help the NPS be updated in a more proportionate and effective manner.

[Paul Holmes]

I apologise for interrupting the Minister mid-flow, but if the utopian vision that he has outlined is the case—if a Select Committee comes to them within the right amount of time they will listen to its views, but the timescales are currently too long—and the Minister genuinely wanted to allow parliamentary scrutiny and responses to be taken into account by his Department, he would have come to the Committee today outlining a number of steps contained in the legislation setting standard response times for Select Committees and the processes of this House, as the hon. Member for North Herefordshire said.

The Minister could have clearly outlined in the legislation an aspiration for the amount of time that he would want the changes to be worked through with Parliament. I understand that there are Standing Orders of the House, but I remind the Minister that the Leader of the House is currently a Minister under his Government, and he could have got a workaround instead of taking out the scrutiny powers of the House of Commons.

--- Later in debate ---

[Matthew Pennycook]

I am struggling to follow what the hon. Gentleman’s specific concern is. He keeps throwing out the after-dinner speech example; that would not meet the threshold for a reflective amendment through this route. If the Government have made a policy change that has been subject to consultation and scrutiny in this House—

[Paul Holmes]

If it suits you.

[Matthew Pennycook]

Well, it would have to have been subject to consultation and scrutiny in this House in order to meet the criteria. We think that it is therefore reasonable to take it through in this manner. The hon. Member for Taunton and Wellington is suggesting that there will be a complete absence of parliamentary scrutiny, and in that way is misleading the Committee regarding the effect of the clause.

--- Later in debate ---

This is a specific change to allow applicants to make a case to come out of the NSIP regime. We do not envisage that directions will be used frequently, because the NSIP consenting regime will continue to appropriate in most circumstances. We are taking steps elsewhere in the Bill to streamline that process, so if the length of that process is a concern for applicants, we hope to reduce that concern. By improving the flexibility of the regime, the clause will support the efficient delivery of important infrastructure that is crucial to growing our economy and delivering our plan for change. On that basis, I commend it to the Committee.

[Paul Holmes]

The Opposition generally support what the Minister said. We want to speed up of these applications and give people a better choice in securing the developments that we require. However, we have some concerns and questions, which I hope the Minister will take in the spirit in which they are intended; I am looking to support the clause, not looking to make hay or create issues for him—would you believe it?

The introduction of the idea that the Secretary of State may disapply the requirement for development consent raises some concerns about the potential diminishing of that planning process and the vesting of too much power in Government Ministers. The Minister will understand that the Opposition are concerned about the wording of the provision with regard to when the Secretary of State can use this power. That probably needs to be strengthened, or at least there needs to be a strengthening of the relevant frameworks and parameters.

Two possible cases in which the powers could be used have been outlined, and the Minister helpfully outlined some examples, as did my hon. Friend the Member for Ruislip, Northwood and Pinner. We will not press the clause to a vote, but I would be grateful if the Minister could write to the Committee about whether he and his officials would consider strengthening the parameters relating to where the power could be used. I hope that he does not think that too unreasonable.

Proposed new section 35D provides a power for the Secretary of State to make regulations about the timetable for deciding requests and about the provision of information to the Secretary of State. This may be my naivety or it may be that I have not read the right paragraph—I am perfectly willing to accept that I am not perfect, as many of my colleagues will say—but why are those provisions not on the face of the Bill? As the Committee continues this process over the next few weeks, will the Minister try to bring some clarity on that new section?

We do not disagree with the clause. We have some concerns about transparency, but generally we welcome the Minister’s aspirations to speed up these decisions and speed up the process that he has outlined.

[Gideon Amos]

Without wanting to shock the Minister too much, I rise to support the clause. The Liberal Democrats want measures that will help to facilitate net zero and other developments, and the clause will provide an opportunity for many decisions to go into the Town and Country Planning Act regime, which is local, is accountable and involves local planning committees. That shows that this does not necessarily need to be a slower process; it could at times be a quicker process with more local involvement. I have been involved in NSIP projects that could have gone through that process but in fact came through the Planning Act 2008 regime. Direction under the proposed new section could be very helpful in ensuring more local processing of planning applications.

--- Later in debate ---

[Nesil Caliskan]

I thank the hon. Member for his intervention, but I do not think that the change would prevent applicants from continuing to engage with residents and elected Members. All it would do is avoid putting additional onus on a process that is costing the taxpayer a huge amount of money.

I will go further. Having spoken to members of our community, I have heard over and over again that there is consultation fatigue with the endless stream of negotiations. Before we even get to a statutory consultation period, we have had many years of something that has been proposed with no statutory framework. This proposal has the good intention of a material change that will shorten the consultation period.

[Paul Holmes]

The hon. Lady is being generous in giving way as she makes an interesting and good speech based on her expertise in local government. I pay tribute to her for that. She outlined how there can be delays in pre-application. Does she not accept that that very length of time shows that there are issues to be resolved? Does she understand why some people are concerned that the proposals to remove that pre-application process place the onus on applicants to conduct the consultation, and without any safeguards? Potentially, residents and residents groups, constituents and local organisations, such as wildlife trusts will go without their genuine concerns being met by a system that now puts an onus on the people who want planning applications to go ahead.

[Nesil Caliskan]

I do not accept that, because the statutory consultation period will still be in place and thresholds will still have to be met. The reality is that, as things stand, the pre-consultation period has become a beast in itself, which I do not believe is serving our communities. Years and years of endless consultations, including pre-consultations and pre-application consultations, is not true engagement with communities. That part of the process has become a period in which the applicants just try to derisk their approach to crucial infrastructure in this country, which will see land unlocked so that homes can be built.

--- Later in debate ---

[David Simmonds]

I think that most of us who have been on a planning committee, as the Minister has, probably recognise that, if anything, to satisfy the concerns of our constituents we should be going further with the consultation on small applications, rather than reducing it in larger ways. We are debating developments that will have an enormous community impact, and there are often important points of detail that influence the level of consent.

We have had multiple debates in this and the previous Parliament about the loss of high-quality agricultural land to solar farms, for example. It is quite likely that a community, if it fully understands exactly how a developer will mitigate that impact, will come around to supporting such a development; but if the community is simply faced with, “Here is the planning application. We have made it already. Take it or leave it,” there is a risk from not allowing the opportunity for the level of consent to be built up. That will in turn encourage, and in the case of local authorities’ statutory obligations, force, the exploration of other legal routes of objection to prevent the application proceeding.

While I understand what the Minister is saying, like the hon. Member for Taunton and Wellington, we will use the opportunity given by the provisions being tabled relatively late in the day to explore alternative methods by which concerns can be addressed. It seems to us fundamental that if a major application is made, those who are affected by it should have the opportunity in advance to learn what it means for them, their community and their home, and should not simply be told that the planning application has been made.

There is a world of difference between a planning application that means, “Your house is going to be demolished in order for something to proceed,” and a planning application that indicates a much less significant impact. It is those kinds of issues that need to be teased out; that is what the pre-application discussions and consultations are there for. We encourage the Government to think about a different, more nuanced way to address fully the concerns that have been expressed cross-party, although in slightly different ways.

[Paul Holmes]

The Minister will be pleased to know that I will not be making a very long speech. I will briefly comment on some of the clauses before the Committee, and elaborate on some of the genuine points that Members on both sides of the Committee have made. I am grateful that the Minister tabled these new clauses, albeit quite late in the day, to give us some clarity, but they actually do not give any clarity on the proposals for the removal of the consultation, particularly new clauses 44 and 45.

Like my hon. Friend the Member for Ruislip, Northwood and Pinner and others, I too have chaired a planning committee. I genuinely believe that pre-applications can be very useful. If a community or organisations in a geographic locality have genuine concerns, the pre-application stage can make the passage of planning applications and planning permissions smoother by unblocking some of those concerns, and deliver a better planning application or infrastructure project. A number of colleagues, including the Minister and the hon. Member for Basingstoke, said that this and the length of time the stage takes is a block. I agree with them, but does not mean that it needs to be removed entirely. It means that we should work to ensure that the pre-application stage is better and more efficient.

I am concerned that, if we go down this road and remove pre-application requirements, we will have worse applications and store up longer term blockages when genuine concerns are not met. The Minister outlined the money and time saved, but we will see both start to creep up again or other issues arise. The hon. Member for Basingstoke gave examples of problems. I understand he is an expert in his field but I say to him strongly that solutions can be found. The solution is not necessarily to eradicate completely a provision that is designed to mitigate overwhelming grassroot concerns.

I apologise to the hon. Member for North Herefordshire for thinking she was a Liberal Democrat Member. She is a Green, which is absolutely fine—I would never wish being a Liberal Democrat on anyone. [Laughter.] No offence to the Liberal Democrats, but it is rare for me to agree with either party. I am grateful for her speech, as she is clearly an expert. It was genuine and heartfelt, and came at the problem with an attitude shared by me and my colleagues.

As I said to the hon. Member for Basingstoke and the Minister, we all accept that the processes are too long, but we do not believe we are in a position where people want to do bad. My concern, shared by the hon. Member for North Herefordshire, is that if we go down the proposed route, applicants and developers will end up having overarching power over local people who want to raise concerns. In my view we are giving developers too much power and the pendulum is swinging too far that way. The Minister’s view is that developers genuinely want to make a difference 100% of the time. There is a difference in approach, so I thank the hon. Member for North Herefordshire for her speech.

I ask the Minister to look again at this matter and produce a guidance regime. [Interruption.] He says from a sedentary position that there will be guidance. We believe that that needs to be strengthened in the Bill. Completely removing the pre-application consultation stages, as the Minster outlined, is a retrograde step; it will put too much power in the hands of developers, and will silence those who are not nimbys but who genuinely want to achieve the best solutions for their local communities. These measures go too far and need to be looked at again. I shall be grateful if the Minister comes back to the Committee and the House having reconsidered them.

Ordered That the debate be now adjourned.— (Gen Kitchen.)