UK Parliament / Open data

Levelling-up and Regeneration Bill

Proceeding contribution from Earl Howe (Conservative) in the House of Lords on Monday, 4 September 2023. It occurred during Debate on bills on Levelling-up and Regeneration Bill.

My Lords, Amendments 191A, 191B and 286 all deal with the principle of healthy homes. I am the first to say that the debates we have had on this subject are a reminder, if one were ever needed, of the key importance of healthy living environments. Much of the case put forward by the

noble Lord, Lord Crisp, and others centres on the idea of having fixed standards in this whole area. On that, I hope he will welcome the news that the Government have listened. Where fixed standards are the best approach, we are taking action.

For example, we are currently reviewing the decent homes standard, which sets minimum standards regarding the physical condition of social rented homes. We have also committed to introducing the decent homes standard to the private rented sector for the first time at the earliest legislative opportunity. On building standards, we will consult on a full technical specification for the future homes standard and then introduce the necessary legislation in 2024 ahead of implementation in 2025. I hope that that combination of actions will be music to the ears of the noble Lord, Lord Crisp.

The noble Lord, Lord Stunell, referred to the mission statement in the levelling up White Paper. The measures we are taking should reassure him, I hope, that those missions are still a top priority.

In Committee, I warned about the risks of introducing undue prescriptiveness in this area. That is why I also hope noble Lords recognise that, in the planning system, a degree of flexibility is often needed to reflect the great variety of issues individual schemes may pose. With the best will in the world, any set of prescriptive and rigid rules makes no allowance for such individual circumstances.

Having said that, I want to re-emphasise the added weight that this Bill will give to both national and local policies for controlling development. How our national policies can support healthy living is most definitely something that we will wish to engage and reflect on as we come to update them.

That leads me to a further point. We are currently consulting on proposals to allow permitted development rights, with existing prior approvals on design or external appearance, to include consideration of design codes where they are in place locally.

I am very sympathetic to the intentions behind these amendments, but we are concerned that they would create a legal framework which cuts directly across the actions I have referred to. At worst, they could even hinder progress in pursuing healthy homes by creating uncertainty about the obligations which apply, with the associated risks of legal challenge and delay. It is those concerns which prevent us being able to support these amendments.

Turning to Amendment 198, I listened with care and a large measure of agreement to the noble Lord, Lord Hunt of Kings Heath, on this topic. I remind the House that health and well-being is already a key consideration in the planning system, and changes made through this Bill will strengthen this. The National Planning Policy Framework states that plans should set out a

“strategy for the pattern, scale and design quality of places”.

The framework is clear that:

“Planning policies and decisions should aim to achieve … places which … enable and support healthy lifestyles”,

including through the provision of open spaces, sport and recreation facilities and layouts that encourage walking and cycling. In other words, these are the key building blocks to better health the noble Lord, Lord Hunt, referred to.

The right reverend Prelate the Bishop of Southwark indicated his concern that that does not seem to be enough. In response to that concern, changes through this Bill will mean that, in future, planning applications must be decided in accordance with the development plan and any applicable national development management policies, unless material considerations strongly indicate otherwise. It would no longer be enough for other considerations merely to indicate otherwise. That has two effects. First, it will make sure that locally produced policies have a strengthened role in planning decisions. Secondly, national development management policies will give national policies statutory status in planning decisions for the first time.

On the design of buildings, the national model design code provides guidance on the production of local design codes, including consideration of health and well-being. The Bill requires every local planning authority to produce a design code for its area. They will have full weight in the planning decision-making.

Furthermore, we have looked for ways of achieving further join-up. To that end, Active Travel England was established as a statutory consultee within the planning system as of June. It is responsible for making walking, wheeling and cycling the preferred choice for everyone to get around. Therefore, although I fully understand the essence of this amendment, we believe that the status of these considerations in the planning system, as enhanced by the Bill, is already provided for.

I thank the noble Lord, Lord Ravensdale, for his engagement on embodied carbon in buildings. The Government agree that reducing these emissions is crucial. I listened with great care as well to the noble Lord, Lord Best. I completely agree with both noble Lords that, to reduce the embodied carbon of buildings, we must decarbonise every part of the supply chain in their construction, from the manufacture and transport of materials to the construction processes on site.

Across government and industry, a great deal of work is already contributing to a reduction in the embodied carbon across those construction supply chains. The Industrial Decarbonisation Strategy and the transport decarbonisation plan, for example, set out how large sectors of the economy will decarbonise. The England Trees action plan looks to increase the production of timber, which can be used to replace higher-carbon materials in construction when it is safe to do so.

As the noble Lord, Lord Ravensdale, is aware, the Government intend to consult this year on our approach to measuring and reducing embodied carbon in new buildings. This will be informed by in-depth research, and I am pleased that members of the Part Z team sit on the steering group for that research. I reassure the noble Lord that the Government are listening to calls for a change to the building regulations and will continue to engage with him as policy develops. However, it is vital that we understand the impacts of potential interventions—which will be the focus of the consultation—before any commitment to a specific intervention. I know that the noble Lord takes that point.

Amendment 282H, in the names of the noble Baronesses, Lady Hayman and Lady Sheehan, and my noble friend Lord Lucas, is on solar panels. Renewable energy, such as that generated from solar panels, is a key part of our strategy to reach net zero—I hope that that is accepted. However, as I argued in Committee, and as I think the noble Baroness recognises, not all homes are suitable for solar panels. For instance, some homes are heavily shaded due to nearby buildings or trees. So I cannot go along with her wish to make solar panels the automatic fix in the building of new homes—it is too inflexible.

Our approach to achieving higher standards remains technology-neutral, to provide developers with the flexibility to innovate and choose the most appropriate and cost-effective solutions for their particular sites. The underpinning to that approach is that, in 2021, the Government introduced an uplift in energy-efficiency standards that newly constructed homes must meet. We expect that, to comply with this uplift, most developers will choose to install solar panels on new homes or use other low-carbon technology such as heat pumps. They have to achieve those standards somehow.

As well as delivering a meaningful reduction in carbon emissions, this uplift provides a stepping stone to the future homes standard, which we will consult on this year ahead of implementation in 2025. The future homes standard will go further, ensuring that new homes will produce at least 75% less CO2 emissions than those built to 2013 standards, which represents a considerable improvement in energy efficiency standards for new homes. Introducing an amendment to mandate solar panels would therefore be largely redundant and would risk the installation of solar panels on inappropriate houses, as I said. So, taken in the round, we think that our approach is a great deal simpler and better, and I hope that the noble Baroness will feel able not to move her amendment when we reach it.

8.45 pm

I turn to Amendment 282L in the name of the noble Baroness, Lady Hayman. As the noble Baroness knows, this amendment has already been tabled, debated and overturned in the Committee stages of the Energy Bill, so it may not surprise her to hear that the Government will reject the inclusion of this amendment in this Bill. The Government have already produced a number of action plans, including the heat and buildings strategy, the net zero strategy and the net zero growth plan, all focusing on delivering the action needed to meet our targets.

As noble Lords have emphasised umpteen times, the Government must now focus on delivering on the commitments set out in these action plans. Developing an additional action plan would duplicate efforts when we have already laid out our plans to decarbonise the building stock and improve energy efficiency. The Government remain committed to the aspiration for as many homes as possible to reach EPC band C by 2035 where that is cost-effective, affordable and practical, as set out in the clean growth strategy. We are committed to publishing a technical consultation on the future homes standard as soon as possible in 2023, for implementation in 2025.

Furthermore, the Climate Change Committee already plays a key role by providing independent advice and scrutiny and holding government accountable by publishing statutory progress reports to Parliament. These are comprehensive overviews of the Government’s progress, and the amendment would duplicate these efforts. The recent progress report to Parliament is one such example of the critical friend’s advice that we value from the Climate Change Committee.

Finally, I turn to Amendment 282NA in the name of the noble Baroness, Lady Sheehan, which proposes to create a pilot scheme to retrofit a town so that it is powered by renewable energy and heated by a ground source heat network. Our approach to achieving higher standards of retrofit is to provide developers with the flexibility to choose the most appropriate and cost-effective solutions to retrofit each site. The Government are already testing the best approaches to plan the future heating of towns through proposals in the Energy Bill on heat network zoning and technology innovation funding for hydrogen heating. Let me be clear to the noble Baroness: networked ground source heat pumps are within the scope of the heat network zoning proposals, and we envision that these projects will be promoted through this policy.

There are also a number of programmes that support housing retrofit, including retrofit of heat pumps. The future homes standard which, as I have said, is intended to be implemented in 2025, is being designed to ensure that all new homes are net zero ready, meaning that they will become zero carbon when the electricity grid decarbonises without the need for any retrofit work.

To conclude, I hope that the noble Lord, Lord Crisp, having heard what I have said, will agree to withdraw Amendment 191A, and that noble Lords will be content for the other amendments in this group not to be moved when they are reached.

About this proceeding contribution

Reference

832 cc279-283 

Session

2022-23

Chamber / Committee

House of Lords chamber
Housing: Standards
Tuesday, 19 September 2023
Written questions
House of Commons
Buildings: Carbon Emissions
Wednesday, 22 November 2023
Written questions
House of Lords
Back to top