Planning and Infrastructure Bill

Toby Perkins Excerpts

Report stage
Monday 9th June 2025 Commons Chamber

[Matthew Pennycook]

I do not know whether the right hon. Gentleman heard the point I just made. Even under the most optimistic scenarios, less than 1% of agricultural land will be turned over to solar farm use. Some of the hyperbole that has been associated with the issue over recent months is unwarranted. I say directly to him, because I want to move on and speak to the Bill, that these are matters that relate to the national planning policy framework, rather than to any proposals in this piece of legislation. I am more than happy to sit down with him and talk about them outside of the context of this debate, but I do want to make some progress.

We made a number of improvements to the Bill in Committee to ensure that it operates as intended and that its expected benefits are fully realised. In many cases, the changes were a direct result of constructive feedback from key stakeholders and parliamentarians. The result is the stronger and more impactful Bill before us. I will briefly outline the more substantive changes made to the Bill in Committee, including in relation to the nationally significant infrastructure projects, statutory consultee funding and the nature restoration fund, before turning to further amendments that the Government tabled last week.

[Mr Toby Perkins (Chesterfield) (Lab)]

I thank the Minister for the very open way in which he has approached this process so far. He is absolutely right that the Government made many positive changes and concessions in Committee, but he will be aware that many stakeholders remain concerned about the Bill’s impact on nature. As the Bill progresses, is he minded to listen to representations from people who are absolutely behind him on his growth mission but who want to ensure that there is no further loss of natural habitat in one of the most nature-depleted nations on the planet?

[Matthew Pennycook]

My hon. Friend and I spoke just days ago about that issue. We are of course more than happy to continue engaging with and listening to the views proposed by hon. Members from across the House and by organisations. If he will allow me to make a little progress, I will deal specifically with the nature restoration fund in fairly short order.

Let me begin with the improvements made to the consenting process for critical infrastructure. As set out in my written ministerial statement of 23 April, the Government have removed the overly prescriptive and burdensome statutory consultation requirements for major economic infrastructure projects that were unique to the NSIP system established by the Planning Act 2008. Over this Parliament, that change could result in a cost-saving of over £1 billion across the project pipeline. By speeding up delivery, increasing capacity and reducing constraint cost, it will also contribute to lower household bills.

We have decided to proceed with the change because considerable evidence attests to the fact that the statutory requirements in place are driving perverse outcomes. Rather than providing a means by which engagement drives better outcomes, statutory pre-application procedures have become a tick-box exercise that encourages risk-aversion and gold-plating. The result is consultation fatigue and confusion for communities; longer, more technical and less accessible documentation; and an arrangement that actively disincentivises improvements to applications, even if they are in a local community’s interests, because applicants worry that a further repeat consultation will be required.

In removing the statutory requirement to consult as part of the pre-application stage for NSIP applications, and bringing requirements more closely in line with other planning regimes, the Government are not downgrading the importance of high-quality pre-submission consultation and engagement. We still want the NSIP regime to function on the basis of a front-loaded approach in which development proposals are thoroughly scoped and refined prior to being submitted to the Planning Inspectorate, and we still expect high-quality, early, meaningful and constructive engagement and consultation to take place with those affected as part of that process. Given that such engagement and consultation routinely takes place and leads to improved proposals in other planning regimes without such statutory requirements, and because the development consent order examination procedure rewards high-quality applications, we are confident that developers will continue to be incentivised to undertake it.

To support that change, the Government intend to publish statutory guidance setting out strong expectations that developers undertake consultation and engagement prior to submitting an application. We will work with stakeholders to design that guidance—a public consultation will be launched in the coming months—so that it encourages best practice without recreating the flaws of the current system.

We have also made a number of other changes relating to the nationally significant infrastructure project regime, including by amending the Bill to ensure that promoters can gain access to land to carry out surveys assessing its condition and status and inform environmental impact assessments, and to make the process for post-consent changes to development consent orders more proportionate to the change requested.

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[Mr Toby Perkins (Chesterfield) (Lab)]

Obviously, the hon. Gentleman is a member of the party that was in power for the last 14 years. The result of that 14-year period is that we are a nation with a housing crisis and huge numbers of people in inadequate accommodation or no accommodation at all, and that we are the most nature-depleted nation on earth, so the system clearly is not working. Does he have any real sense that there needs to be change, or is he saying that we can carry on with the system that we have?

[Paul Holmes]

I would have more truck with the hon. Gentleman’s argument if anything that his Government proposed had the intentions that he has outlined. Just this morning, Savills has indicated, knowing what the proposed legislation will do, that the target of 1.5 million homes will not be met and that only 880,000 houses will be built by the end of this Parliament.

When it comes to the environmental protections that the Minister has outlined, it is quite clear that many of the concerns of Members across this House should be listened to. The environmental proposals made by the Minister will have a detrimental impact on local areas by shipping the problem elsewhere.

[Mr Perkins]

Does the hon. Member have any proposals?

[Paul Holmes]

The hon. Gentleman asks whether I have any proposals. The last Government built the largest number of houses in history. There are many things that we agree need to be done, and there are some areas of this Bill that we agree with, but the hon. Gentleman needs to realise that taking power away from locally elected councillors is a disgrace. The Minister is saying to the hon. Gentleman and his councillors that they should not be trusted to make decisions on behalf of their local communities. I am sure he will not be happy with that when he gets to his annual general meeting in a few months’ time to be reselected as a parliamentary candidate.

There are other concerns about this legislation. As we have said, the Government have consistently said that they want to build 1.5 million homes, but the independent Office for Budget Responsibility—a body that Labour held in high regard when it was in opposition—has forecast that the Government will fail to deliver on their manifesto commitment and will fall short of that figure. As I have said, that was echoed today by Savills, which estimates that the Government will build just over half the number of houses that the Deputy Prime Minister has promised, even after coming out of her very testing meetings with the Chancellor.

The Government’s proposal to reduce the number of legal challenges available to opponents of major infrastructure developments from three to two—and in some cases just one—should alarm anyone who believes in checks and balances. Legal scrutiny is not an inconvenience; it is the backbone of our democratic system. Infrastructure projects often have far-reaching environmental, social and economic consequences, and by curtailing legal recourse, we are not removing red tape but removing the public’s right to hold power to account. In the name of speed, the Government are undermining the legal mechanisms that protect us from Government overreach.

As I have said, the clear implication of the Minister’s proposals today is that powers will be removed from locally elected planning committees. That is a disgrace, and it is in addition to a gerrymandering housing algorithm that punishes rural areas and rewards Labour councillors in urban centres for failure. We are told that the Bill will speed up planning decisions, but at what cost? Local planning authorities are indeed struggling, under-resourced and overburdened, but granting them fee-raising powers without guaranteed central support is like asking a drowning man to swim harder. More alarmingly, the shift of decision-making powers from elected councillors to unelected planning officers under the guise of efficiency diminishes local democracy. It takes key decisions out of the hands of public representatives and places them in the hands of a bureaucracy increasingly dictated by central policy.

We are also told that the Bill will make planning more strategic. That is a noble aim, but let us not forget that the strategic failure of recent years has been due not to too much local input but to too little co-ordination. The requirement for regional spatial strategies was scrapped by this Government’s predecessors. Now, the pendulum swings once again, with combined authorities being told to draft regional plans; however, those same authorities are being starved of the funding and staff required to do so. We risk repeating history, only this time with fewer safety nets and a weakened capacity to challenge flawed strategies.

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[Gideon Amos]

I am grateful to my hon. Friend for the point he makes. It is vital to protect the character of existing places and communities that are so valued, which is why we want a more locally driven approach to assessing housing numbers and local plan making.

Finally, if we build the GP surgeries, the healthcare and the other infrastructure before the homes, we will be building in the interests of our communities, not against them. That is the kind of community-led development that Liberal Democrats want and that our amendments would help to bring about, and I humbly urge Members to support them.

[Mr Perkins]

I rise to set out the case for amendments 136 and 150 and new clause 62, in my name. I am very pleased to hear what the Minister has said so far. The Bill would tackle the long-standing conundrum of how to deliver the ambitious house building targets to which the Government are rightly committed, while protecting the environment and enhancing, not reducing, protections for nature. Before I turn to my amendments, I want to speak briefly about the extent to which the Bill achieves those aims.

I absolutely share the Government’s commitment to freeing up the planning system and ensuring that fewer people are unable to get on to the housing ladder and fewer children grow up in unsuitable, overcrowded and temporary accommodation. I see the impact of this country’s failure to build the homes it needs in my surgeries every single week, so I support the Government’s aims to speed up that process. I also agree that planning has too often been a barrier to those ambitions, and the Government are absolutely right to attempt to remove this blocker.

Freeing up unnecessary restrictions, however, must not mean allowing further nature degradation, nor does it have to. The Government have said that these ambitions will be achieved alongside nature recovery. Wildlife populations in England have fallen to around 67% of their 1970 level; as I said a few moments ago, Britain is now one of the “most nature-depleted” places on earth. Most of England’s rare and vulnerable habitats are in poor condition. Alongside building the homes and infrastructure that our society needs, we must rebuild our natural capital—the air, water, soils and biodiversity —on which our society depends.

[Rebecca Smith (South West Devon) (Con)]

It sounds as though the hon. Member, like me, has a deep passion for ensuring that we maintain nature, so does he agree that a simple measure would be to accept new clause 30, which would extend permitted development rights for ponds of up to 0.2 hectares, providing vital freshwater habitats for up to two thirds of all freshwater species, exactly as he has been saying?

[Mr Perkins]

I thank the hon. Member very much for that intervention, and I look forward to hearing her speech in support of her new clause. I do think that has merit and is worth considering, and I look forward to hearing her make her case in more detail.

The Environmental Audit Committee, which I chair, initiated an inquiry into housing growth and environmental sustainability to scrutinise the Government’s national planning policy proposals. Achieving growth and delivering for people, climate and nature together is a vital but challenging task. There are many provisions in this Bill that I welcome, and I thank the Minister for his efforts and his detailed engagement. I was grateful that he made time to meet me recently to discuss my proposed amendments.

Overall, I support the Government’s intention in part 3, and I think those parties that wish to simply scrap the approach entirely are wrong. It is right to introduce a more strategic approach to satisfying developers’ environmental obligations. If done well, the environmental delivery plans and the nature restoration levy proposed in part 3 could simplify and accelerate the process of meeting existing environmental requirements, where developments impact protected sites or protected species. Importantly, I see the merit of this strategic approach in delivering larger-scale and more effective nature conservation measures where development has unavoidable impacts on protected sites and protected species.

However, the strength of concern from knowledgeable stakeholders should give the Government serious pause for thought. The Office for Environmental Protection, which was mentioned earlier, published advice for the Government stating that the existing provisions in the Bill would amount to a regression in environmental law, so it is welcome that the Minister continues to be open-minded about making further amendments. I look forward to hearing about the engagement in another place, where I am certain that further amendments will be brought forward.

The Environmental Audit Committee has heard evidence that there must be stronger safeguards for the proposed nature restoration fund to genuinely deliver on its potential for nature. My objective in tabling amendments to this Bill is to engage constructively with the Government’s approach to part 3, and to strengthen it so that it delivers for nature and development at the same time.

To turn first to amendment 136, I very much welcome what the Minister had to say about scientific safeguards, and I look forward to what he comes forward with. This amendment would ensure that environmental delivery plans are used only where there is scientific evidence that they will work. In other words, there must be robust evidence that a particular negative effect on a protected site or protected species can be mitigated or compensated for at a strategic level, rather than on a site-by-site basis.

Although the strategic approaches that will be delivered by EDPs can work well for some habitats and species, such as nutrients or newts, they do not always work for others. This amendment would safeguard against the EDP approach being applied to inappropriate species or habitats. The Government have recognised this principle and have committed to a modular approach to expanding EDPs with new plans applying feature by feature, and existing protections remaining in place for those not yet covered. I support this approach, and I encourage the Government to enshrine this principle in legislation to give certainty that the scientific safeguards to which they have committed cannot be altered by any future Government without revisiting this legislation.

On amendment 150—

[Madam Deputy Speaker (Judith Cummins)]

Order.