Planning and Infrastructure Bill

Robbie Moore Excerpts
Robbie Moore Portrait Robbie Moore (Keighley and Ilkley) (Con)
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There are so many points to address in the Bill, but I will keep my remarks to just a few. I have grave concerns that the Government’s agreeable aim of freeing up our planning system will be dragged further by this Bill into the bog of planning delay and indecision.

There has been a lot of talk about whether the Bill will afford special protections for peatland on sites of special scientific interest, but I have looked at the detail and have concerns that, rather than leading to better protections for peatland areas, the Bill does the opposite. I will start my contribution by explaining why that is such a huge issue.

Take Walshaw moor, which borders my constituency, just next to the Worth valley in my beautiful part of West Yorkshire. Most importantly, it is an irreplaceable blanket bog peatland and carries protected status. It is a site of heavily protected bird species and ground-nesting birds. Recently, it has become the proposed site for what would be England’s largest onshore wind farm.

I am firmly opposed to that development. The disruption that a new wind farm would cause, through the constructions of 65 turbines—each taller than Blackpool tower—would be devasting to the blanket bog peatland. In fact, peat bogs across the UK store many times more carbon than our forests. Disturbing that peatland by constructing a wind farm on top of it could release many tonnes of carbon back into the atmosphere, directly contradicting the aim of the whole development—namely, to reduce carbon emissions. It is simply nonsensical to use Walshaw moor when the Royal Society for the Protection of Birds has shown that the Government could achieve their targets for wind power without building on a single acre of protected peatland.

Let me come to the substance of the Bill as it relates to that development. The introduction of environmental development plans seems like a good idea: why shouldn’t developers pay some form of compensation for the environmental damage that their developments cause? As is always the case, however, things begin to unravel when we delve into the detail. What this change effectively amounts to is a mercenary approach to environmental protection that gives developers a much freer hand to negotiate their commitments. Indeed, local planning authorities will be given a much freer hand to take a looser approach in ensuring that developers do their fair bit for any environmental mitigation measures, particularly on protected sites, with the emphasis on a financial contribution.

Funding for restoration, either on site or indeed mitigated elsewhere, does not undo the damage caused by the development—be it to assets of scientific, natural or cultural value. In the case of a protected peatland such as Walshaw moor, that is exactly why the current proposed development is completely the wrong approach. The bogs themselves take millennia to reform, and sphagnum moss breaks down so slowly—by just 1 mm a year—to form peat. That is why the removal of the moratorium on onshore wind farms, which will allow more protected peatland to be built on, is the wrong approach from the Government. I cannot stress that enough. The Bill moves us from a dynamic in which we proactively protect what we value to one in which we barter what we can price up and pretend that value and price are the same.

John Lamont Portrait John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
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My hon. Friend is making an excellent speech. Many aspects of the Bill will affect Scotland and make things much more difficult for local residents to oppose certain types of application, including those in my constituency who are fighting hard against a 94 km pylon route and battery storage plants. For me, democratic accountability should be at the heart of the planning process, but we seem to be moving towards a planning system that China would be proud of. Does he agree?

Robbie Moore Portrait Robbie Moore
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I absolutely agree. It is why the Government should be honest with the public that, far from strengthening environmental protections, the Bill creates a direct avenue for developers to pay to do environmental damage and get around otherwise more stringent protection laws.

Matthew Pennycook Portrait Matthew Pennycook
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The hon. Gentleman was here in the last Parliament. Does he remember that, in their attempt to undo the problem of nutrient neutrality, the previous Government sought to disapply the habitats regulations entirely? Is that the approach that he would prefer we take?

Robbie Moore Portrait Robbie Moore
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The Minister gets to the nub of the issue in that the nutrient neutrality issue caused an absolute stagnation in housing development. Indeed, the Government want to give Natural England even more powers, which will lead not only to increased stagnation in development but to frustration for those who want development to take place. Many Members from across the House have referred to the £100 million bat tunnel and the development of HS2. Natural England raised that issue, yet the Government want to give that very organisation even more powers, which will lead to increased stagnation in development.

The Government may bring forward a Bill to create an avenue for more development, but this Bill will not achieve that given the environmental protection measures. In the light of the Government’s removal of the moratorium on onshore wind farm development, coupled with the provisions in the Bill, I fear for our protected peatlands, not only in the beautiful uplands of West Yorkshire but right across the county.

Secondly, I fear that the Bill will not create the speedy planning system that the Government hope it will. By placing the design and formulation of environmental development plans in the hands of Natural England, the Government have ceded much of their control over them. As a single-issue public body, Natural England operates with a very different interpretation of “reasonable mitigations” than the rest of the public when it comes to preserving nature—I have already referred to the £100 million HS2bat tunnel.

As developers, Natural England and environmental campaigners barter over the details of environmental development plans and lodge legal challenges against them, how will the Secretary of State speed up our planning system, as she is forced to sit on the sidelines of those negotiations and watch Natural England take a lead? She has created a Bill that hands more power to Natural England, not less, and removes her ability to ensure that infrastructure can be delivered at speed. The Government must be honest and up front about what they value.

Finally, I would like to raise another issue in the Bill which, in my view, moves from naivety to the realm of malice. Compulsory purchase orders are highly controversial at the best of times, but in another blow to our rural communities the Government have decided that landowners should not be paid the value of their land in full.

Chris Curtis Portrait Chris Curtis
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I have an essay in front of me, in which it is argued that when the Government pay for new infrastructure, new roads or new developments in order to unlock new housing, the landowner

“has only to sit still and watch complacently his property multiplying in value, sometimes manifold, without either effort or contribution on his part.”

The argument is that the landowner should not get that profit with no effort. That is not from Trotsky; that is from Winston Churchill—

Robbie Moore Portrait Robbie Moore
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Thank you, Madam Deputy Speaker. It is not fair at all for the state, be it national Government or our local authorities, to step in and not pay a landowner the market value they deserve. It is absolutely outrageous that this Government are introducing legislation, and changing section 12 of the Land Compensation Act 1961 on that basis. I do not think that that will create any efficiency within the planning system, and neither—dare I say it?—will it create any better means of money being spent by local authorities to deliver public services.

Joy Morrissey Portrait Joy Morrissey
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We have seen with HS2 an example of planning authorities being taken over in a way that was not the traditional compulsory purchase process. HS2 has been allowed to take over properties, and not pay market value or even take possession. People are still waiting for compensation—their homes devastated, losing everything because of HS2’s ability to take over.

Robbie Moore Portrait Robbie Moore
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Let me get to the point—I know time is short, Madam Deputy Speaker. This Government’s approach in the Bill will not deliver planning done at speed, and it will not give the environmental protections that the Government are indicating to the wider public. It is not a good Bill.

None Portrait Several hon. Members rose—
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Robbie Moore Portrait Robbie Moore
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Does my right hon. Friend not realise that, in addition to placemaking, this is about making sure that infrastructure is at the heart of any new development, so that those who move into new places have GP practices, doctors surgeries and other facilities available to them?

Wendy Morton Portrait Wendy Morton
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My hon. Friend is absolutely spot on. Placemaking has to go hand in hand with infrastructure to make sure that there are additional school places and doctors surgeries to support the new homes. Employment and transport also matter. Otherwise, all we are doing is clogging up our transport systems and roads, and frustrating our local communities.

What is the Bill actually doing to address the need to create and foster new communities? That is what it should be doing, but I think it is really missing an opportunity. Few in this House would say that we do not need homes. Homes need to be part of communities, but in its current format, I fear that the Bill is a developer’s dream. It is also a neighbourhood nightmare, because it does nothing to create resilient and sustainable communities where individuals where families can grow up and thrive. That is what we should be seeking to address through big pieces of legislation like this. In short, there are some good things in the Bill, but it is a missed opportunity.