English Devolution and Community Empowerment Bill

Wendy Morton Excerpts

Tuesday 21st April 2026 Commons Chamber

[Miatta Fahnbulleh]

I will make progress, if I may.

Lords amendments 26 and 89 seek to specify that mayors, combined authorities and combined county authorities may designate greenfield land for development only when they are satisfied that no suitable brownfield land exists. The Government are strongly committed to a brownfield-first approach, and we have been clear that brownfield land should be the first port of call. To further support this ambition, the national planning policy framework was revised in December 2024 to set out that proposals for brownfield development should normally be approved.

[Wendy Morton (Aldridge-Brownhills) (Con)]

Will the Minister give way?

[Miatta Fahnbulleh]

I will make a little more progress first.

We also expanded the definition of previously developed land in the framework to include large areas of hardstanding, better reflecting land that is already developed. We are looking to go further still in our support for brownfield development as part of our most recent consultation on changes to the national planning policy framework, which closed in March.

The Government strongly promote this policy, so there is no disagreement on policy here. However, brownfield sites vary greatly and need to be both available and in the right place to support sustainable development and meet the needs of the community. These amendments seek to impose this sort of requirement in legislation rather than in policy, which is what we do across all aspects of the planning system; this would be unduly rigid, likely to delay land coming forward for development and support unsustainable development in some cases.

[Wendy Morton]

I am grateful to the Minister for giving way, as I am conscious that we do not have a huge amount of time this evening. If this Labour Government were really serious about a brownfield-first approach, they would accept these amendments from the House of Lords, because they are exactly about ensuring that developers develop on that sort of land first. These amendments would protect communities and the environment in places like mine, which are coming under attack from her Government, who want to impose 20,000 homes on Walsall.

[Miatta Fahnbulleh]

I am not going to resile from the fact that we want to build more homes, Madam Deputy Speaker. We have a housing crisis, and we absolutely need to build more homes across the country. However, we are agreed on the principle of brownfield first. Our argument is simply that that should be done through policy, as we do across all aspects of the planning system from local authorities—it is far too rigid to be put on the face of the Bill. We have strengthened the national policy framework to deliver that policy intent, which we hope will reassure and satisfy Members of both this House and the other place.

Briefly, Lords amendments 36, 155 and 90 seek to remove provisions from the Bill relating to local authority governance and executives. The Government continue to hold a strong preference for executive models of governance, and in particular the leader and cabinet model, which is already operated successfully by 80% of councils.

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[Sir James Cleverly (Braintree) (Con)]

I will begin by recognising the work that has taken place in both Houses to try to improve this legislation, which is in many ways such a curate’s egg. It has faults and flaws that their lordships in the other place have worked towards improving, and I thank them for that work.

The Conservatives have been clear throughout the passage of the Bill that this is a centralising Bill. It takes decisions away from local communities and places them into the hands of Ministers, often without consent. We have already seen the consequences of this centralising of power and “Government know best” attitude. We have seen elections cancelled and then reinstated. We have seen the restructuring of local government imposed from the centre, driven by political considerations rather than the voice of the independent boundary commissions.

Local leaders are being presented with plans and told to comply. It is called a devolution Bill, but it is not devolution. We welcome the improvements to this Bill put forward by the Lords. The question before the House, however, remains simple: does this Bill empower local areas, or does it continue a pattern of centralised control? I will go through the Lords amendments in turn.

Lords amendment 36, which we support, would be an important and practical improvement to the Bill. It establishes the clear principle that brownfield land should be used first. That is just common sense. We want to get more houses built—of course we do—but we should start with land that has already been used rather than virgin land. The amendment protects communities while still enabling homes to be built with local approval and local consent.

[Wendy Morton]

My right hon. Friend makes a really important point. In the west midlands under the leadership of Andy Street, it was proven that we can regenerate brownfield sites—we have done it in the Walsall borough. The Government must be prepared, as we were when we were in government, to put in some funding to unlock those sites. It can be a win-win as we develop brownfield sites, regenerate our towns and cities, create the housing wanted by young people and old people, and protect the green belt and our green spaces for as long as we possibly can, allowing communities such as those I represent—600 people came out last weekend to protest against the Government’s measures—to enjoy the amenities of life that they currently do.

[Sir James Cleverly]

My right hon. Friend is absolutely right: this fundamentally betrays a lack of ambition from the Government. The Minister for Housing and Planning will know Kidbrooke in south-east London, which is a fantastic example of redeveloping previously developed land. Poor-quality post-second world war tower blocks have been redeveloped, with increased beauty and increased density, which is good for the local economy and good for the local society. The Bill does nothing to encourage more developments like that; it encourages developers to build cheap and awful in green fields around urban areas, which is the opposite of what should happen.

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[Zöe Franklin (Guildford) (LD)]

I would like to start by thanking colleagues across the House in the other place who have worked tirelessly to improve this Bill, in particular the Liberal Democrat peers Baroness Pidgeon, Lord Foster of Bath, Baroness Bakewell and Lord Shipley. As we on these Liberal Democrat Benches have said throughout the passage of the Bill, it has potential but it does not amount to true devolution, and I sincerely hope that after the next King’s Speech we will see more real devolution and more on neighbourhood governance.

What this Bill offers is power handed down with strings attached—shaped and constrained by central Government rather than genuinely entrusted to local communities. The Government’s response to the Lords amendments before us only reinforces that fact. The Government say that the Bill rebalances power away from Whitehall, but their response to the amendments tells a different story, resisting even the most modest steps that would give local areas more clarity, flexibility and control. I believe that those are the real hallmarks of devolution.

Let me start with where I feel power is being withheld. Our Lords amendment 2 would ensure that rural affairs were properly recognised within the competencies of strategic authorities. The Government say that that is unnecessary and that non-statutory guidance will suffice. I appreciate that the Minister has moved forward on this issue, but I take the view that without a clear legal requirement, rural areas risk being overlooked, as they too often are at the moment. There must be a duty, either in the Bill or through statutory guidance, to ensure that rural communities are properly considered. Non-statutory guidance can, sadly, be ignored because it creates no obligation. This really matters. Rural areas are already under pressure, facing higher delivery costs and feeling the strain of the recent funding review. Without a clear duty, they risk once again becoming an afterthought.

We see the same pattern when we look at how power is exercised. Lords amendment 4 would ensure transparency in the appointment of mayoral commissioners. The Government again say that the guidance is enough, but these are unelected positions with real influence. Transparency should never be optional in any layer of government. The guidance speaks of visibility and accountability, yet says nothing about merit-based selection. Concerns about patronage are quietly acknowledged but not addressed structurally. If the Government believe that appointments should be fair and open—that is what I firmly believe, and we can clearly see that that is what the public expect—they should have no hesitation in putting that principle into law.

Lords amendment 13 moved by my colleague in the Lords, Baroness Pidgeon, would strengthen democratic oversight of the Mayor of London’s budget. Put simply, a two-thirds threshold is not a safeguard; it is a barrier to effective scrutiny. A simple majority is not radical; it is democratic. Londoners deserve an Assembly that can genuinely hold the mayor to account.

We also see the Government’s lack of true devolution in how planning decisions are shaped on the ground. Lords amendment 26 would embed a genuine brownfield-first approach. The Government say that the policy already achieves that, but the reality is different. Developers are often incentivised to build on greenfield or grey belt land because it is quicker and cheaper. The reality in my own constituency is that the majority of large planning applications are coming forward on green belt and grey belt. That is undermining public trust in development altogether. People recognise that we need more homes and they want more homes, but the way they see it happening undermines their trust in the process. Brownfield sites may be more complex, but they come with infrastructure, connectivity and the opportunity for real regeneration. Once again, if the Government are serious about that priority, it should be reflected in law, not left to policy alone.

[Wendy Morton]

The hon. Lady makes an important point, with which she knows I have a lot of sympathy. In my area, it is estimated that 5,000 homes could be unlocked if we had a proper brownfield-first approach to planning. Does she agree that the whole issue around housing is about not a lack of land but a lack of funding to regenerate some of the sites, a lack of political will from this Government and a lack of ambition? The Government should look at the brownfield sites and the empty buildings, and then look again at the housing targets that have been arbitrarily put on areas which will do nothing to protect us from urban sprawl.

[Zöe Franklin]

When it comes to brownfield-first development in my constituency, there is an area in the town centre where we could deliver homes, but that is prevented by the fact that we do not have the money to progress at pace with the necessary flood alleviation scheme. We will be voting to support Lords amendment 26 —we need to keep the provision in the Bill.

Local government structures are perhaps the clearest example of how democracy itself is not being devolved by the Government. Our Lords amendment 36 would allow local authorities to determine their own governance structures. Instead, the Government insist on imposing a single model from the centre.

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[Lewis Cocking (Broxbourne) (Con)]

In the interests of time, I will keep my remarks brief. First, I would like to speak in favour of Lords amendment 26, which would ensure a brownfield-first approach. If this were well and truly a brownfield-first Labour Government, they would support this amendment. Broxbourne has had its fair share of development, but targets are going up and up. This Labour Government have increased Broxbourne’s housing targets by 22%, while decreasing them in London by 11%. That is not fair, and it is creating loads of urban sprawl on the green belt in the village of Goffs Oak, which is under attack. This Government should be trying to protect those green spaces.

[Wendy Morton]

Urban sprawl is exactly why the green belt was put in place. Its purpose was to protect areas such as mine, my hon. Friend’s and many others that are on the periphery of some of the biggest conurbations and urban areas from urban sprawl. Does he agree that this Labour Government do not care about our communities? All they care about is an arbitrary housing target.

[Lewis Cocking]

My right hon. Friend makes a fantastic point, and she is an excellent campaigner for protecting the green belt in her constituency. The green belt around London was set up after the second world war to protect the periphery from urban sprawl. Just as her constituency is next to a big city, mine is next to London.

The Government are now proposing a new town right in the heart of this green space that was meant to be protected, with 21,000 new homes at Crews Hill, effectively joining my constituency to the urban sprawl of London. My constituency is completely different from London, and that green belt needs to be protected. It is a crucial buffer zone between the urban sprawl coming out of London and the ruralness of Hertfordshire.