My Lords, at this late hour I shall be brief. The point of this amendment is to raise with my noble friends on the Front Bench an issue which I imagine is one that the Government themselves have been aware of and wondered what precisely they should do about it. I remember a White Paper a few years back that specifically referred to it.
The issue is that, in many cases, the availability of infrastructure investment, particularly by utility companies, can significantly impair the potential for local authorities to proceed with their local plans. I freely confess that I am using Clause 93 and perhaps slightly extending its remit somewhat. This is not simply about plan-making; this is about enabling local authorities in their plan-making process to trigger a possibility for the Government to amend the structure of the regulatory environment for utility companies in order to meet the development planning intentions of their local authorities. That is probably stretching it too far but, if not by this mechanism, I hope Ministers will be able to help us to look at whether we can do this in the Bill.
There is a central issue: you want to have strategic planning—I think we all do; I will not rehearse that argument again—but that absolutely requires investment by utility companies. Many utility companies are in a position where their investment for speculative development—that is, that which has not received planning permission—is outwith their regulated pricing structure. Essentially, if they are going to do it, they will do it with additional debt, and now many of them are taking on a great deal of debt in any case—we saw in the price review that the water companies are expected to absorb a substantial amount of debt. A balance is constantly being struck between the amount which can be added to people’s domestic bills and the amount that is required for longer-term future investment.
At the moment, the utility companies are often resisting making such investments in anticipation of development. How do we overcome this? We have a particular case at the moment around Cambridge. The Greater Cambridge local plan is effectively stymied at the moment by the Environment Agency saying that there are not water resources available in our area to support it. There is a plan for a reservoir at Chatteris, but unless and until the investment in transfer networks has also taken place and there is local infrastructure to support the particular development proposals, the plan cannot go ahead.
The purpose of the amendment is, very straightforwardly, to say that, if local authorities can ask bodies of a public nature—and of course, utility companies are bodies with public functions—they should be able at the same time to require those infrastructure providers to notify their regulatory bodies about the requirements to assist with plan making and, if necessary, for the Secretary of State to then to make regulations that can change the nature of the regulator’s control of their ability to respond to the requirements of local authorities.
It is a device, I admit, but it is a device to try to tackle what I think is a current and practical problem, and I hope it might commend itself to my noble friend. I beg to move Amendment 239A.