David Simmonds MP: speeches

Speeches

• 2 Sept 2026 · Draft Nature Restoration Levy regulations 2026 · Hansard source

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  It is a pleasure to serve under your chairmanship, Sir Alec. As the Minister set out in his introduction, there was extensive debate during the Committee on the Bill that has brought this set of regulations to life. There was certainly a lot of cross-party debate about the provision; that reflects the public interest in the impact that development can have on nature and wildlife in particular. Although there was a degree of political disagreement about the policy itself, I think we all shared the objective: having a more functional system. That is clearly the Government’s objective, so we will not seek to divide the Committee this afternoon. However, I have some questions for the Minister. When we debated the issue in Committee, he was clear that in due course this legislation would come forward and there would be an opportunity to look at the points of detail that Members had raised. My first question is about any assessment that he has undertaken of Natural England’s capacity to administer the process. We heard in the Committee evidence sessions from different development organisations that talked about how difficult it sometimes was to get a decision from Natural England because of its lack of capacity when a development had been approved but there remained elements that Natural England needed to sign off. Clearly, this legislation envisages a significant role for Natural England in the planning process—much larger than it currently occupies, and one that it said in evidence to the Committee it would welcome. But making those decisions and the financial underpinning will come at a significant cost, in terms of both people and skills. Will the Minister set out what assessments have been undertaken to ensure that the provision does not lead to further delays through the administration of the levy scheme? The second question relates to a point that we touched on in Committee and is not, as far as I can see, fully addressed in the papers: the treatment of levy payments in kind. We heard examples of when developers had said that, rather than make a cash contribution, they would seek to offer another site where they would create an appropriate wetland habitat, habitat for birds or whatever, which would have a value attached to it. In the normal course of events, the Government already negotiate to determine whether a financial contribution can be made in the form of an asset that has a value, rather than in cash. It is not immediately clear how that type of situation would be handled, especially given that Natural England will be separate from the planning authority making the decision on the scheme. It would be helpful if the Minister told us how the Government envisage dealing with that. Finally, in Committee a point was raised that I do not think the papers entirely address: how the policy will operate where we are talking about cumulative impacts. It is straightforward for a developer that has needed to raze a woodland to demonstrate that it is financing an alternative site, to be managed by Natural England, that will recreate that habitat elsewhere. But what about developers with numerous smaller sites? How will their accumulated contribution be used to ensure that there is appropriate remediation? When those sites are in different planning authorities, how can there be an appropriate negotiation so that things are not held up because one planning authority is trying to determine the impact and another has a separate application, but the contributions from both are key to ensure that the remediation is sufficient?

• 2 Sept 2026 · Draft Nature Restoration Levy regulations 2026 · Hansard source

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  I want to test the Minister’s thinking on that point. As constituency MPs, many of us have heard about section 106, where a significant number of contributions may be attached to school places, road improvements or whatever it may be. When the money is not spent within a specified period of time, the developer can reclaim it so that it cannot be redirected to other purposes, depending on what is in the agreement. Another challenge is what happens when developers in a new town, for example, prefer to pay the levy, but the total of all the payments exceeds the value of the work that Natural England is undertaking because of the extent of the development, so something else needs to be substituted. Will the Minister set out briefly how the Government propose to address such issues so that the legislation does not, in practice, turn out to be a bit of a bureaucratic nightmare for many of the communities involved?