UK Parliament / Open data

Levelling-up and Regeneration Bill

My Lords, I will speak to Amendment 191 and declare my interests as a director of Peers for the Planet and a project director working for Atkins. I thank my supporters, the noble Baroness, Lady Hayman of Ullock, and the noble Lords, Lord Teverson and Lord Lansley. I also thank the Minister for the time he has devoted to this issue in a number of meetings since Committee, and I particularly thank him for our constructive discussion this afternoon.

We fundamentally reworked our amendment for Report, based on feedback from and engagement with government throughout the Committee stage. This amendment aims to resolve two issues: planning weight for climate in the system and what we are calling the “golden thread”—ensuring that climate runs throughout the complete planning system. The amendment aims

to ensure that climate and the environment run as a golden thread through town and country planning, rather than the inconsistent picture at present.

The existing Section 19(1A) duty, which was restated in the Levelling-up and Regeneration Bill, states that the development of land should

“contribute to the mitigation of, and adaptation to, climate change”.

This currently applies to local plans and to a number of other plans and strategies within the Bill, but, importantly, it does not apply to individual planning decisions or the new national development management policies. It also does not refer specifically to our climate change and environmental targets. We feel that there is a fundamental inconsistency here, and our amendment aims to resolve it.

Further, our amendment gives planning weight to climate change in decision-making. It is not sufficient for climate considerations to be in only the National Planning Policy Framework—NPPF—as this is just guidance, and multiple reports from experts have highlighted how the current system is not working. It means that climate is included along with many other material considerations to be weighed up by the decision-maker, and it is for them to decide the importance to be given to climate change in a particular decision. Our amendment provides for a statutory duty that would make it clear that climate change should be a material consideration, with planning weight in the decision-making process—that is the crucial point.

This is not a novel concept in planning. Statutory duties giving planning weight already exist in relation to listed buildings. Our amendment was modelled on Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990, which gives considerable importance and weight—“special regard”—to the preservation of listed buildings in the planning system. It then sets out in guidance, in the NPPF, how this duty is to be interpreted when making planning decisions. This tried and tested model could be used to include a similar climate change planning duty in the Levelling-up and Regeneration Bill.

As the Government are currently reviewing the NPPF and have not yet published the revised version of that guidance, this is the ideal time to insert such a duty, provide that guidance in the NPPF, and ensure that our planning system and new development do more to contribute positively to the achievement of our climate and nature targets. Importantly, we would have a statutory duty but it would be for the Government to decide on the specifics of how this would be implemented within the guidance set out in the NPPF. It would elevate climate as a consideration in the decision-making process, but it would maintain that important flexibility for decision-makers.

There are many examples of why this is needed and the benefits it would bring. UK clean power has been world-leading, but the planning regime currently in place means that just two onshore wind turbines were built in England in 2022, major offshore wind projects are stuck waiting for planning approval and thousands of new homes continue to be built on flood plains. Local plans to create the sustainable and economically vibrant places we all want to live in are being held

back by planning barriers and inconsistent decision-making. The Committee on Climate Change—the CCC—the Skidmore review, the CBI, and businesses in the construction and building sector all agree that reform is needed. I was grateful to see 21 past presidents of the Royal Town Planning Institute supporting the amendment before us today—they are the people responsible for implementing this.

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We are pushing not only for the key sustainability and economic benefits here; this is also key to empowering local authorities to do their bit in working towards net zero. Many of them have such ambitions: they want to do their bit but they are being held back by the current planning regime. I will listen carefully to the Minister’s response but, as things stand, I intend to test the opinion of the House on this amendment. I beg to move.

About this proceeding contribution

Reference

832 cc253-247 

Session

2022-23

Chamber / Committee

House of Lords chamber
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