Matthew Pennycook MP: speeches 2025

Speeches

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  An important point to make is that, through the revised standard method for assessing housing need and the housing targets that flow from that, we are asking local authorities to do more to meet the housing crisis. We expect more social and affordable homes to come through under section 106 agreements. I take issue, gently, with the assertion that I think is implicit in some of the points made by the hon. Gentleman: that we are just leaving everything to the private market and doing nothing ourselves. The fact that we have topped up the affordable homes programme by £800 million and brought forward this bridge of £2 billion in anticipation of the future grant funding to come is very much at odds with his description of leaving it all to the market. The Government are not leaving it all to the market; we are providing grant funding over and above what we inherited from the previous Government.

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  Let me begin with amendment 76, tabled by the hon. Member for Ruislip, Northwood and Pinner, which seeks to remove provision for the establishment of strategic planning boards that would allow two or more authorities to produce a spatial development strategy jointly. The main purpose of strategic planning is to provide a mechanism for cross-boundary planning between local planning authorities and to plan for growth on a scale that is larger than local. For that to be done as effectively as possible, it is essential that spatial development strategies are produced across the most appropriate geographies. To that end, it will be necessary for some strategic planning authorities to be grouped together so that they can produce a spatial development strategy across their combined area. Unless SDSs are produced across appropriate geographies, they will not be as effective as they could be and the full benefits of strategic planning will not be realised. To address the perfectly reasonable point made by the hon. Member for Hamble Valley, establishing strategic authorities nationwide will be a gradual process, as I said, and the Government want all areas of England to benefit from effective strategic planning as soon as possible. Therefore, in some cases, responsibility for producing an SDS will transfer between different authorities while the broader reforms are being undertaken. We are seeking powers in the Bill to complement existing powers to make regulations for transitional arrangements when such scenarios occur, similar to how responsibility for a local plan can transfer when a local authority becomes a unitary authority. On that basis, I hope that he will withdraw the amendment. I turn to amendment 122, which seeks to add provision for infrastructure delivery plans and funding to the list of matters in proposed new section 12C(3) to the Planning and Compulsory Purchase Act 2004 that the Secretary of State may consider, including in regulations establishing a strategic planning board. I should make it clear to the hon. Member for Didcot and Wantage that that list is not exhaustive. Indeed, proposed new section 12C(2) is clear: “Strategic planning board regulations may make provision about…such…matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions”. In general terms, the Government are clear that new development must come with the appropriate social and physical infrastructure and amenities for new communities to thrive. The hon. Member for Broxbourne challenged my hon. Friend the Member for Dartford, saying that there are not provisions in the Bill directly relating to things like infrastructure delivery plans. That is right, but the Bill is not the sum total of the action the Government are taking in housing and planning. As my hon. Friend alluded to, we are talking action in other areas. However, to address the point made by the hon. Member for Didcot and Wantage directly, it is not the Government’s intention for strategic planning boards or any other strategic planning authority to be required to produce an infrastructure delivery plan, although I am more than happy to pick up the wider discussion about infrastructure with him outside the Committee.

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  With facts!

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  I am not concerned, for the reasons set out in the “Brownfield Passport” working paper, which I encourage the hon. Gentleman to go away and read, if he has not had the chance to do so already. In a sense, we are looking at a set of proposals, and again I emphasise that we have asked for feedback on them and we are considering how that feedback maps on to how we take forward this approach through national development management policies. In effect, we are saying that there is a presumption that the answer to applications on brownfield land is yes, but it has to meet certain criteria and conditions. The various options that we have explored are set out in that note, but it would absolutely not be a free-for-all on brownfield land, so I hope that reassures the hon. Gentleman on that point. I do not agree that amendment 72 is necessary to achieve the important objective that it raises because, while spatial development strategies will provide for a high-level framework for infrastructure investment for housing growth, they will not allocate specific sites. Strategic planning authorities will be required to have regard to the need to ensure that their spatial development strategy is consistent with national policy. National planning policy, as I have said, already provides strong support for brownfield development, and it is clear that brownfield land should be the first port of call. It is also clear that authorities should give substantial weight to the value of using suitable brownfield land within settlements for homes and other identified needs. In the event that spatial development strategies do not meet the requirements of the NPPF, the Bill gives the Secretary of State a range of intervention powers to ensure consistency with national policies, and those national policies are clear, as I have argued. I therefore ask that the shadow Minister withdraw the amendment. Amendment 75 seeks to ensure that spatial development strategies consider other practical options before identifying infrastructure or the distribution of housing within the green belt. To be clear, spatial development strategies cannot allocate land for development. This is a really important point: they can identify broad locations for new development, if the participating members wish to take those forward, and that may include land within the green belt. However, the formal allocation of sites will remain the preserve of local plans and neighbourhood plans. I am in full agreement that it is crucial to take a brownfield-first approach to development, as I have said, in which the reuse of previously developed land and options to increase density are given priority. I can assure Opposition Members that, when any such green belt review takes place, existing planning policy in relation to the reuse of green belt will still apply. The NPPF makes it clear that, when plans are considering the release of green-belt land, they must demonstrate that they have examined fully all other reasonable options for meeting identified needs, including making use of brownfield land and optimising the density of developments. This is a point that I have made on several other occasions: there is a sequential approach to plan making to green-belt release, and it is very clearly set out what the Government intend in that regard.

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  As I have already said, I will not speak about two individual decisions that have been made. However, I say to the hon. Gentleman that the concern that he outlines—that is, a particular decision that he does not agree with—will not be resolved by trying to transcribe national planning policy into the SDS process. National planning policy remains in force, and I do not think it is necessary that in order to achieve the aims that are set out, which the Government agree with—in terms of brownfield first and a strategic approach to green belt release—for the amendments to be agreed. I ask hon. Members to think again, but reading the room, I think they are certain about pressing the amendment to a vote. The Government will resist it.

• 14 May 2025 · Planning and Infrastructure Bill (Seventh sitting) · Hansard source

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  It is a pleasure to resume our proceedings with you in the Chair, Dr Huq. I thank the hon. Member for Taunton and Wellington for tabling amendment 21, but the Government will have to resist it for reasons that I will set out. Having said that, as we have already discussed in previous sessions, we absolutely recognise the real challenges that local planning authorities face not only in resourcing but more widely in capability and capacity. We have discussed a number of the measures that the Government are taking, both in the Bill and outside it, to address that challenge. Amendments 21 and 22 seek to make upper-tier county councils and unitary authorities ineligible to produce a spatial development plan. It is the Government’s intention that, in the future, all spatial development strategies will be produced by strategic authorities in accordance with our devolution framework, including combined authorities, combined county authorities and the Greater London Authority. While we are making substantial progress, with six areas currently part of the devolution priority programme, the establishment of strategic authorities across the whole of England will be a gradual process. However, the Government want to move quickly on strategic planning. That means that, as well as combined authorities and combined county authorities, upper-tier county councils and unitary authorities are being made into strategic planning authorities with a requirement to produce a spatial development strategy. The amendments tabled by the hon. Member for Taunton and Wellington would remove the requirement for those aforementioned authorities. The requirement to produce a spatial development strategy will be realised either individually or in defined groupings; in some cases, upper-tier county councils and unitary authorities may also be grouped with a combined authority or combined county authority. As such, I ask the hon. Gentleman to withdraw his amendment.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  Clause 38 allows Transport and Works Act orders to include a deemed marine licence for projects in UK waters, where a separate authorisation is currently required. That removes the need for a separate application to the Marine Management Organisation, or MMO. It allows for a single process, again similar to the Planning Act 2008, which already allows deemed marine licences. Applicants will still need to consult the MMO before applying, ensuring that proper oversight remains in place. The MMO will continue to enforce marine licence conditions under existing powers. This is another change that we believe creates efficiencies and removes duplication. As I have said, it aligns the Transport and Works Act with the Planning Act 2008 process, making it simpler and quicker for transport projects that involve marine areas. A streamlined approval process will save time and costs for applicants while maintaining important environmental safeguards. On that basis, I commend the clause to the Committee.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I beg to move amendment 50, in clause 46, page 61, line 39, at end insert— “(7) Sections 319ZZC and 319ZZD and this section apply in relation to a relevant planning function conferred on a relevant mineral planning authority as if references to a relevant local planning authority were to a relevant mineral planning authority.” This amendment has the effect that the Secretary of State may make regulations requiring certain planning functions conferred on mineral planning authorities in England to be discharged by certain persons or by committees of a certain size and composition.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I will set out a couple of points in response to questions raised by hon. Members. If I miss anything, I am more than happy to follow up in writing on the technical detail, including on some issues that sit outside the scope of the clause but are pertinent. For example, the Liberal Democrat spokesperson, the hon. Member for Taunton and Wellington, raised the issue of salaries that could be paid to local planning department staff. That will be a consideration for local planning authorities attracting talent. He is right that over recent years we have seen, for a variety of reasons, a bleeding out of talent, particularly to the private sector. There is a challenge in attracting the requisite skills into the public sector to ensure that we can take our planning reforms forward. The purpose of clause 44 is to allow the Secretary of State, through regulations, to delegate the power to set planning fees and charges to local planning authorities. It will be up to local planning authorities whether to set their own fees or remain on what will essentially become a default national fee rate. We will carry out a national benchmarking exercise, including engagement with local authorities, to ensure that the default rate is at an appropriate level. For the process by which local authorities can set their own fees, if that is the route they want to take, the Bill has a number of safeguards to ensure that fees are not set too high. In the first instance, local planning authorities will be required to undertake public consultations and publish information to justify any local fees prior to their introduction. To respond to the hon. Member for Ruislip, Northwood and Pinner, that is in the process in which local planning authorities would be able to evidence particular challenges in their area that require them to have a skillset and resource base slightly different from those of other local planning authorities, but that would have to be properly justified. For objections, there will be a process by which the Secretary of State can intervene and direct local planning authorities to amend their fees or charges when those have been set at an inappropriate level. I note the point, well made by the hon. Member for Ruislip, Northwood and Pinner, that such directions—that intervention—would have to come at a point that allowed a local authority to ensure that the changes were made in a timely manner relative to its other financial responsibilities. Any hon. Member is free to intervene if I have missed a point, but I hope that I have broadly reassured the Committee that the clause will provide for those who want to set their own fees—although I stress that an authority can remain on the national default rate if it wants—so that the fees can more fully reflect the cost of processing applications and thus ensure that we are providing a timely service. It is a beneficial change.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  That is a separate argument, but the hon. Gentleman cannot pray in aid the case that he has just cited, which was made on the basis of a national scheme of delegation not being in operation, and where his local residents just took issue with national policy and guidance, which he thinks should be in place. He has recognised, quite rightly, that elected members of the Government can take views about what national framework should be in place. We strongly feel that there is a good case for a national scheme of delegation that does not remove, in the apocalyptic terms that the shadow Minister outlined, all decisions and all ability to input into applications from local residents, but simply sets out where appropriately elected members in committees should make decisions and where decisions should be left to expert planning officers.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  We turn to part 2 on planning, chapter 1 of which relates to local planning decisions. Clause 44 seeks to introduce, through regulations, the sub-delegation of planning fees to local planning authorities. It is an important change, and we feel it needs to be made. We know that a lack of capacity and resources in local planning authorities and among statutory consultees leads to delays in decision making and in the delivery of housing and economic growth. I hope the Committee is aware of the changes that the Government are making, outside the scope of the Bill, to enhance local authority capacity and capability. The Chancellor has announced a £46 million package of investment into the planning system as a one-year settlement for 2025-26. On 27 February, the Government announced funding to support salaries and complying graduate bursaries to help with our commitment to appoint 300 new planning officers in local planning authorities. We have made changes, through regulations, to increase planning fees for householder and other applications, with a view to providing much needed additional resources for hard-pressed local planning authorities. More broadly, the Department’s established planning capacity and capability programme is delivering a wider package of support. For local planning authorities, fees are an important contributor to resourcing requirements. Planning application fees are set nationally, and they are intended to cover the cost to a local planning authority of processing and determining a planning application. However, as things stand, the fees do not fully cover the costs of providing the service. Based on the most recent local government spending data for 2023-24, that has led to an estimated funding shortfall of £362 million per year. It means that local authorities are not adequately equipped to deliver an efficient planning service to developers and investors. Clause 44 will tackle the problem by enabling local planning authorities to set their own planning fees and charges to cover their costs. It will do that by allowing the Secretary of State, through regulations, to sub-delegate the setting of planning fees and charges to local planning authorities. Allowing local planning authorities to set their own planning fees is the most effective way to increase resources in a manner that responds to the individual circumstances of each local authority. It will help to address capacity issues in the planning system by ensuring that planning authorities are adequately funded to deliver vital services. We are also introducing safeguards to ensure that the fees are reasonable and directly invested in improving planning performance, and that they are not used to fund other council services. Planning fee charges will not be able to exceed the cost to local planning authorities in determining a planning application. That will prevent disproportionate or unjustifiably high fees being set. That is an important point, because one of the concerns we have had is about the ability, without the provision being in place, of local authorities that do not want to see development to set extremely high fees to deter applications. To ensure transparency, local planning authorities will also be required to consult on any fee increases and publish evidence to justify the fees that they charge. Finally, and most importantly, income received from planning fees will be ringfenced, as I have said, so that it can only be used in the determination of planning applications. Clause 44 is another crucial step towards a more responsive and efficient planning system. I hope we can all support it. I therefore commend the clause to the Committee. Government new clause 39 seeks to introduce a new sustainable funding model for the statutory consultee system. Alongside local planning authorities, statutory consultees play an important role in the planning system, providing expert advice and information on significant environmental, transport, safety and heritage issues to ensure good decision making. However, it is a concern that the statutory consultee system is not currently working effectively. The concerns expressed by local planning authorities and developers about the operation of the system are wide-ranging. They include statutory consultees failing to engage proactively, taking too long to provide advice, re-opening issues that have already been dealt with at a plan-making stage, submitting automatic holding objections that are all too often withdrawn at a late stage in the process, and frequently issuing holding responses that allow statutory deadlines to be met while seeking over-specific levels of information from developers over long timeframes. All of those concerns can cause substantial delay and uncertainty for applicants. The Government are determined to return the statutory consultee system to meeting its goal of supporting high-quality development through the swift provision of expert relevant advice to inform decision making. In March, I set out a number of steps that we are taking to achieve this in England, including ensuring that the statutory consultee system works to support development and economic growth, limiting the instances in which statutory consultees should be consulted, changing the performance management of statutory consultees and, finally, developing a model to support sustainable funding. The new clause will allow the Secretary of State to make regulations to apply a surcharge to planning application fees. This would apply to development that is permitted by local planning authorities, and to other bodies that are able to charge planning fees under the Bill. It will be used to fund bodies, such as statutory consultees, that provide advice and ancillary support that enables good decision making. Through regulations, we will develop detailed proposals that will establish the level at which any surcharge would be set, and the types of planning application it should be applied to. In doing so, we will be highly conscious of the need to balance the burdens that we are placing on developers with the benefits that will accrue to them through a more effective and efficient planning application system. We will consult on such proposals before any regulations are introduced. I note that statutory consultees can already generally secure payment for voluntary pre-application work, and that will continue to be the case. A new funding mechanism for statutory consultees, alongside the sub-delegation of planning fees, as per clause 44, will allow us to address capacity and resourcing issues, and support a faster and better quality decision making process. On that basis, I urge the Committee to support the clause and the new clause.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I thank the hon. Gentleman for that point. We will certainly go away and reflect, because it is broadly our intention to ensure that the Transport and Works Act is brought into line with other consenting regimes, not least the Planning Act regime and how that operates in respect of some of these protections. I commit to give him an answer by Report stage, either in terms of changes we think are necessary or reassurance that we do not think changes are necessary. One way or another, I will get him a clear answer on his, as I said, fair and reasonable challenge. Question put and agreed to. Clause 37 accordingly ordered to stand part of the Bill. Schedule 2 agreed to . Clause 38 Deemed consent under marine licence Question proposed , That the clause stand part of the Bill.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I thank the hon. Gentleman for reminding me of that point. It is a point well made, and it was also made by the shadow Minister on another clause. I will go away and reflect on what more, if anything, needs to be done in that regard. It is rightly put that, just as we want to ensure consistency in decisions by elected Members, we want consistency in the decisions and recommendations made by expert planning officers at a local authority level. I will happily come back to the Committee on that.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  Let me first say that, for entirely understandable reasons, this has been a passionate debate. People feel very strongly about the local planning system, the role of elected members in it, and the role of residents in inputting to those decisions. That is because local planning is principally a local activity. It is for that reason that we as a Government are putting so much emphasis on ensuring that up-to-date local plans are in place in every part of the country, because we think that they are the best way to shape development in a particular area, but we want to ensure that planning committees function effectively. I will make a couple of points in response to the issues raised. The first is on outcomes. I slightly chide the shadow Minister, because it cannot be true on the one hand that this is a measure, as he alleges, that we are introducing to build our 1.5 million homes and then, on the other hand, to say that it will essentially make no difference to the current arrangements. Outcomes-wise, we think this is an important part of the reforms that we are bringing forward, because it will ensure that decisions are made in a more consistent and more timely manner. That is why I gave the example on Second Reading of reserved matters applications. I do not know what the views of Members are, but I certainly do not think that every reserved matters application should come back to committees. I think that often delays the process. We can discuss many of the other challenges that we face in the planning system. It is absolutely true that there is more that we can do on empty homes; we are giving that consideration. There is more that we can do on build-out—watch this space. There is more that we can do on all these things, but it is still the case that the planning system is too inconsistent and slow, and that there are things we can do about that. To come back to the point on build-out, and we do need to take action on build-out, it is this Government’s view that we need to oversupply consents into the planning system to ensure that we are building out at the rate that meets the housing crisis, because whatever anyone thinks about the rights or wrongs of this reform, we are not building homes at the scale that we need in order to meet housing need and housing demand. We have to do things differently. In terms of outcomes, we think this measure is impactful.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  The shadow Minister did explain that correctly, and I recognise the challenge. I would say two things: first, I assure him that party political considerations have not factored in any way into the development of the clause. The measure that we are proposing will improve the situation in the sense that, if there are very clear rules about which applications can come before a committee and which should go to national expert planning officers, as per a national scheme of delegation, some of the potential to use specific applications that might not be the most major, controversial applications that should come before a committee, in a political way, will be removed. As I said, the detail regarding what the national scheme of delegation will entail will come forward in due course. As I mentioned, the clause also allows the Secretary of State to make regulations setting out the size and composition of planning committees. Best practice suggests that having smaller planning committees can lead to more effective debates and decision making. We have seen some extremely large and unwieldy planning committees across the country. We want to ensure that there are, within reasonable parameters, some prescriptive views on what the most effective size is. Our views have been tested with the sector. In response to our working paper, there was broad support for the principle of the proposals from the local government sector, and we will continue to take on feedback as we refine our detailed proposals. That will, as I said, include a formal consultation on the regulations through which the new powers will be exercised. That is a requirement imposed on the Secretary of State by the clause and must happen prior to the regulations being made. As I said, local democratic oversight of planning decisions remains essential, but it is vital that planning committees operate as effectively as possible, focusing on those applications that require member input and not revisiting the same decisions. Clause 46 is about ensuring that skilled planning officers in local authorities are trusted and empowered in their roles, while retaining important democratic oversight on those sites that local people care about most. I commend the clause to the Committee. Government amendments 50 and 51 are both minor and technical amendments clarifying that the power of the Secretary of State to make regulations requiring relevant planning functions to be discharged by committee, sub-committee or an officer, and regulating the size and composition of a planning committee, also apply to mineral planning authorities. As the Committee will be aware, a local planning authority is not necessarily also a mineral planning authority; it depends on if and where there is a minerals site. Mineral planning authorities are a special type of planning authority, and it is only right and proper to include them within these provisions to ensure greater consistency and certainty within the planning system. We must be clear about which local authorities are to be caught by this clause. The amendment clarifies that mineral planning authorities, where they exist, are to be subject to the provision in the clause.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  As I have set out, the Government recognise the vital role that planning committees play in ensuring that decisions about what to build and where are shaped by local communities and reflect the views of local residents. Under local government law, local authority planning decisions must be a committee function, not an executive one, and presently every council has its own scheme of delegation to identify the circumstances in which planning decisions are taken by the planning committee rather than delegated to officers. While the vast majority of planning decisions for local planning authorities are made by committees— around 96%— there is some inconsistency, which can create risk and uncertainty in the system. Clause 46 therefore seeks to build on the existing approach by giving the Secretary of State the power to introduce a national scheme of delegation. I reassure the Committee, as I have at other stages, that these measures are not about taking away democratic oversight but about spreading good practice, and there is good practice out there already. A national delegation scheme will set out which planning functions across the country should be decided by officers and which by planning committees. It will also give the Secretary of State the power to set requirements around the size and composition of planning committees, so that we can have a uniform arrangement across the country as to what is effective in that regard. That will help to address some of the issues that we have identified around the operation of planning committees, which include a lack of consistency and clarity on which applications will be determined by committee; too much time spent considering applications that are compliant with the local development plan, or considering niche technical details including post-permission matters; and a lack of transparency on committee decisions and their consequences. There is lots of good practice out there, and we know that in almost all instances, committees make good decisions on the basis of planning law and relevant material considerations. However, we are all familiar—in particular those of us who have served in local government and on these committees—with examples of where a development proposal was on a site allocated in the local plan, and in line with all policy expectations, but the committee refused the application against officer advice, and the subsequent appeal was upheld, unnecessarily costing the local authority significant sums of money and creating delay.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  We were discussing clause 36 and I was attempting to reassure the shadow Minister, the hon. Member for Hamble Valley, that his concerns were unfounded. We were discussing fees charged by particular public bodies for providing services associated with Transport and Works Act 1992 orders. As I made clear, the power is subject to delegated procedures, ensuring that it is flexible enough to account for any changes in the provision of services in the future. I reassure the shadow Minister that the power allows for the charging of fees for services only on a cost-recovery basis. The regulations will set out any required safeguards, just as there are safeguards in place in regulations that relate to the charging of fees by authorities on nationally significant infrastructure project cases, for example. Subsection (4) makes it clear that applicants will be required to have regard to guidance that will provide detail. The shadow Minister asked me about two specific points. On appeals, there is no set appeals process for the fees charging system, other than the ultimate recourse to judicial review on the basis that the fees charged to do not comply with the forthcoming regulations or are irrational. On small businesses, I recognise that there is potential constraint as some applicants for Transport and Works Act orders may be smaller businesses, such as heritage railway operators, and it may be harder for them to absorb costs, but I reiterate my previous point that the delays in the system that we currently experience are not cost free. We feel strongly that the benefits of the change proposed by clause 36 outweigh the disadvantages of extra costs, even for smaller applicants. On that basis, I hope the shadow Minister is reassured and I commend the clause to the Committee. Question put and agreed to. Clause 36 accordingly ordered to stand part of the Bill. Clause 37 Disapplication of heritage regimes Question proposed, That the clause stand part of the Bill.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  We have had a huge amount of engagement with the sector, both in working up the proposals and in the feedback that we have received to the planning reform working paper. The hon. Gentleman will also be aware of the Planning Advisory Service that already provides local authorities with support, and there are other organisations in this space that have a direct interest in planning and training. I am happy to provide him with further details if he wishes but, as I say, through the introduction of regulations, further detail will be forthcoming. I should mention—Opposition Members will particularly enjoy this one, I think—that the Mayor of London can act as a local planning authority in respect of applications of potential strategic importance, so the training requirement will apply to him too.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  That is a fair and reasonable point. If the hon. Gentleman will allow me, I will write to him to set out the Government’s thinking on that issue. If it is available—I fully expect that it will be— I will give him some sense of the level of refusals on appeal for decisions made by committees versus decisions made by expert planning officers, which I think would be relevant. In general terms, in many instances, we think that expert planning officers have the relevant expertise to make good decisions on the basis of planning law. We are trying to ensure through this clause that elected members also have that experience in place through mandatory training. As has been rightly said, the clause is about building on existing good practice—there is very good practice out there—and ensuring that it is implemented consistently across the country. It is worth noting that mandatory training for committees was strongly supported by the sector as a whole in the responses to the planning reform working paper where we set out ideas in this space, lots of which we are taking forward. We will introduce regulations to specify which planning functions are covered by this measure, what the training looks like—its nature and content, and how it will be delivered—and details about the certification process. Those regulations will be subject to further engagement with the sector and I will reflect on all the points that have been made today.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I appreciate the comments from the Liberal Democrat spokesman, the hon. Member for Taunton and Wellington, and the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner. Let me go over some of the points I have made to reinforce them, but also to respond directly to the challenges raised. I think the principle of the one-stop-shop DCO process for major infrastructure is accepted as a beneficial aspect of the NSIP regime. We think allowing Transport and Works Act orders to take that holistic approach to all the consents required has merit. It would provide more certainty for applicants and ensure that some timelines and requirements were reduced, therefore benefiting the speed of the process. I very much recognise the concerns raised about heritage protections. The shadow Minister will forgive me for not commenting on a decision made by the Secretary of State, not least in the period when it is potentially still challengeable, but I note his concerns.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I take the point, but let me be clear about what I said: every reserved matters application should come back before a committee. I will come back to the point that the hon. Gentleman rightly raises, but in terms of outcomes we think this measure will be impactful. My second point is about straw men. Parts of this debate have generated more heat than light, if I am honest, and many allegations have been thrown around. Some said that this measure rides roughshod over local democracy, and the hon. Member for Broxbourne alleged that the Government are saying that once a local plan is in place, every decision will just be shoved through. That is obviously not the case, so let me be very clear about what we are talking about. Local schemes of delegation are in place across the country. In lots of those, lots of decisions are delegated to planning officers. In principle, we all agree that expert planning officers should be allowed to make decisions on certain applications—I do not think that is contested—so let us put what we are discussing in proportion. We are not changing the consultation rules on planning applications. Representations are and will continue to be considered by the decision maker, whether that is the planning committee or the planning officer. In that sense, I will continue to argue that the proposed change does not remove democratic oversight. My third point is about what is decided. There are understandably a lot of assumptions about what the national scheme of delegation will suggest. I would wager that in a couple of years’ time, when we look back at this, a lot of the concerns raised will seem to have been unfounded. I hope the Government allay those concerns when we bring forward the precise proposals about what we want the national scheme of delegation to entail. It is not the case that the controversial and significant applications that several hon. Members have raised, which we agree should absolutely come before committees, will be ruled out in the national scheme of delegation. The assumption about the amount that we are removing from the system will prove to be unfounded.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  If I could probe the hon. Gentleman in turn, does he mean consistency in the decisions made by expert planning officers rather than on individual planning applications?

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  I welcome the broad support on both sides of the Committee for the intended purpose of the Bill, which will mean that companies installing EV charge points can do so, as I have argued, using permits available online across England, and will no longer have to apply for costly licences, which can take several months to obtain, via a range of different local authority processes. That will speed up the installation of on-street EV charge points and help local authorities to co-ordinate works with other roadworks. I think the use of that digital platform will help local authorities to have an overview of all the installations taking place in their areas. A number of points have been made. The hon. Member for Broxbourne raised the issue of street works and digging up roads. While I take his point, there is a difference between the installation of EV charging networks and general utilities works, and there is more that can be done to manage that process. If he will allow me, because it is a slightly separate issue, I am more than happy to set out for him in writing what the Government are doing on that particular point. In general, however, the concerns I have heard relate to safeguards. There is a separate point about whether members of the Committee believe that the existing statutory requirements are fit for purpose or need to be reformed, but I want to make clear that this clause will ensure that the statutory requirements that are in place continue to apply to EV charge point installers. We are not losing any of the existing safeguards, including guidance and safety codes, so the inspections and reinstatements will continue to apply and installers will be obligated to keep their apparatus in working order. In addition, existing regulations already require installers to provide annual reports to the Secretary of State on the reliability of their network, and investigatory powers and sanctions are available to deal with non-compliance. In relation specifically to pavement access, EV charge point operators will still need to comply with the safety code of practice, which sets out the requirements to ensure access while works are taking place. I can give hon. Members assurance on that point. I hope I have set out that existing statutory requirements will continue to apply, so no safeguards are lost; in moving from a street works licence to a permit, we are just ensuring that we can make it far easier for charge point operators to roll out vital infrastructure. Question put and agreed to. Clause 43 accordingly ordered to stand part of the Bill. Clause 44 Fees for planning applications etc Question proposed, That the clause stand part of the Bill.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  My hon. Friend is absolutely right that it is not a cost-free decision to refuse an application where a committee does so on grounds that are not robust. That does not apply in the vast majority of instances. As I say, most committees are comprised of elected members who are diligent, considerate and aware of the risks. Through the mandatory training that we have just discussed, we are trying to get to a situation where elected members are trained and are more cognisant of planning law and the considerations they have to take forward. We want to ensure that there is consistency across the country. As I say, there are two issues at play here. Some Members may take the view that a national scheme of delegation is wrong in principle. If Members do not take that view, which is not the Government’s view, the debate that we should be having, and will have—as I said on Second Reading, we will bring forward details, so that we can consider them alongside the Bill—is what the most appropriate national scheme of delegation would be, to achieve the right balance between making sure that the most controversial, major applications come before committees and entrusting expert planning officers to make other decisions.

• 13 May 2025 · Planning and Infrastructure Bill (Sixth sitting) · Hansard source

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  This is another example of the way in which the Transport and Works Act needs to be tidied up, because there are currently unnecessary legal duplications. We want to address those, and that is what clauses 40 and 41 do. Previous regulations under the Act applied only to England and Wales. That created dual versions of certain Transport and Works Act provisions —one for England and Wales, and another for Scotland. Clause 40 removes the duplication by extending provision to Scotland so that there is only one consistent version of the text. This is a simple procedural fix. Scotland does not use the Transport and Works Act, so the change has no practical impact there. It simply ensures clearer legislation with no unnecessary duplication. Reducing duplication makes the law clearer and easier to apply, and simpler to understand for all applicants. It also reduces complexity for legal and policy teams, making future updates faster and more efficient. This supports the Bill’s aim of simplifying and streamlining transport laws. Clause 41 provides a power to make amendments to primary and secondary legislation that are necessary to maintain the effect of that legislation in consequence of clauses 30 to 40. The power cannot be used to implement changes in policy or make amendments for reasons unrelated to clauses 30 to 40; its purpose is simply to ensure consistency. If any changes are needed to primary legislation that already exists or is made in this parliamentary Session, the relevant regulations will need approval from both Houses. If any changes are needed to secondary legislation, the negative procedure will apply. The inclusion of this power is a prudent, practical and reasonable step to take to ensure the most efficient legal framework moving forward. I commend the clauses to the Committee. Question put and agreed to. Clause 40 accordingly ordered to stand part of the Bill. Clause 41 ordered to stand part of the Bill. Clause 42 Fees for applications for harbour orders Question proposed, That the clause stand part of the Bill.