Planning and Infrastructure Bill

Viscount Trenchard Excerpts

2nd reading
Wednesday 25th June 2025 Lords Chamber

[Viscount Trenchard (Con)]

My Lords, I declare my interest as a trustee of the Fonthill Estate in Wiltshire, and I thank the Minister for introducing this Bill today.

Everybody recognises that we have to get more new houses built, although the failure of all Governments in recent years to control both legal and illegal migration has clearly exacerbated the shortage. However, in my view, the Bill goes too far in removing councillors’ powers to vote on local planning applications. Does the Minister really think that central government knows better than local councils when it comes to decisions on which proposed developments will improve their communities and which will be harmful and ought to be refused? This will be damaging to local democracy and will discourage talented people from seeking election as councillors, because they will be allowed to do less than they are at present.

Can the Minister tell the House how the proposed scheme of delegation is going to work, and how the Government are going to demarcate those decisions which are to be taken by civil servants from those which will be left to local planning committees? Surely, such important details as these should be in the Bill. On the other hand, there are areas where the Government could provide much more encouragement to house- builders, by removing legacy EU habitat regulations, which offer a ridiculous amount of protection to bats, for example, and other EU legacy red tape, which both the last Government and this one have been too slow to abolish.

Noble Lords may remember that, during the passage of the Levelling-Up and Regeneration Bill, some of us worked hard across the House to obtain a consensus for providing a separate and recognised status and level of protection for Britain’s wonderful chalk streams. My noble friend Lord Benyon at that time introduced a government amendment that achieved that, and it is deeply disappointing that, in Committee in another place, Labour MPs voted against Amendment 148 to this Bill, which would have mirrored the levelling-up Act by providing equivalent and necessary protection for chalk streams in this Bill. Would the Minister commit to introducing a government amendment to replicate the protection afforded to chalk streams in that Act?

I also question why the Government are prioritising building in rural areas rather than urban ones, nearer most of the jobs, where new houses are most needed. I would also ask the Minister to explain why the Government have decided to remove hope value from the value that they place on land being compulsorily purchased from farmers and landowners. It seems particularly unfair to farmers, who have already suffered enough from cuts to agricultural subsidies and changes to NICs, especially when the purpose of compulsory purchase in such cases is obviously to develop the land for housing or energy infrastructure.

Currently, local authorities can purchase land compulsorily and then pass it to parish councils for some purposes, including building affordable homes. The Bill, as drafted, stops hope value applying to this power if it is used to deliver affordable homes. The removal of hope value would also apply to the loss payments, which are additional payments based on the property’s value, designed to cover the cost and emotional burden of having to move out of and replace the property. In general, I accept that measures in the Bill are in line with the Labour Party’s pledges for planning reform, but they miss the opportunity for an enhanced recognition of rural areas within national planning policy, particularly regarding the rural economy and rural housing.

As the CLA has pointed out, the National Planning Policy Framework does not acknowledge the differences between the sustainability credentials of a rural area versus an urban area. This negatively impacts decision-making for proposals in rural areas. The Bill introduces new environmental delivery plans—EDPs. They will set out how damage to protected species, or features of protected sites which are likely to be negatively affected by development, may be mitigated. I worry about the extensive powers being extended to Natural England, including whether it is appropriately skilled or resourced to handle this extra responsibility. What does the Minister think about this? In particular, does she really think it is proportionate to provide Natural England with compulsory purchase powers to deliver the EDPs?

Lastly, I look forward to hearing the Minister’s winding-up speech and, in particular, I hope she will answer my noble friend Lord Hodgson’s question about the number of acres being taken out of agricultural production for solar energy schemes.