Matthew Pennycook
MP for Greenwich and Woolwich · Labour · United Kingdom
“It is a pleasure to serve with you in the Chair, Dame Siobhain. I congratulate the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright) on securing this debate.”
“I will address the right hon. and learned Gentleman’s specific question in due course. Before I do so, I want to put on the record the policy in relation to villages. He can rest assured that I will address the point; if he is unsatisfied, he is more than welcome to intervene again. A number of hon. Members mentioned villages.”
“I will say two things in respect to that, and I will come on to detail how the approach works in relation to decision making very shortly. In general terms, developers can make whatever claims they like about any particular site across the country; it is for the local authority to assess whether, in its view, that site constitutes grey be…”
“and learned Gentleman’s point about what is likely to constitute grey-belt land. Let me directly address his other two specific points. Is this a significant policy? Absolutely, and it has been judged as much by the Office for Budget Responsibility and other external commentators. Is it deliberate? Absolutely. We want, as the right hon.”
“Where authorities may wish to restrict development in villages for other reasons, a range of tools are available, such as conservation areas or normal development management policies. On the right hon.”
“We have to put in place policies that, through the decision-making route, allow homes still to be brought forward in that interregnum, but then we have to push heavily to drive towards universal plan coverage. At that point, the protections are in place.”
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“I thank my hon. Friend for that intervention. We must make a distinction between irreplaceable habitats, where the model does not remove the strong protections that exist for them, such as ancient woodland in the national planning policy framework, and habitats where Natural England will be allowed to take a view as to whether conservation measures that apply to them meet the overall improvement test in the Bill, and any intervention in those circumstances will be driven by what is in the environmental best interests of the relevant feature. There are, therefore, protections in place that address my hon. Friend’s concerns. In recent weeks, there has been a not inconsiderable amount of spurious commentary attempting to convey a false impression of what the nature restoration fund does.”
“Instead, it takes payments from developers and hands them to Natural England, a public body with regulatory duties to conserve and enhance our natural environment, to develop environmental delivery plans, setting out how various conservation measures will not only address the impact of development, but go further to demonstrate how they will improve the conservation status of the environmental feature.”
“If the hon. Lady will let me develop my argument a little, I am more than happy to give way to her in due course. As such, I feel obliged to tackle a number of the most flagrant misconceptions head on. First, some have claimed that the nature restoration fund is driven by a belief that development must come at the expense of the environment and that the Government are creating a licence for developers to pay to pollute—a “cash to trash” model, as some have dubbed it. In reality, the nature restoration fund will do the precise opposite. I have been consistently clear that building new homes and critical infrastructure should not—and need not—come at the expense of the environment. It is plainly nonsense to suggest that the nature restoration fund would allow developers simply to pay Government and then wantonly harm nature.”
“The shadow Minister’s memory is different from mine: I did provide those assurances. We have already allocated £14 million in the Budget to support the delivery of the nature restoration fund, and through measures set out in the Bill, we will move to a system of full cost recovery so that Natural England has the resources it needs to carry out those functions.”
“I know lots of Members wish to contribute to the debate but I will make some progress. If I may finish the argument I am trying develop about taking on those misconceptions, I will give way to the hon. Member for North Herefordshire (Ellie Chowns) very shortly. We have been perfectly clear that the new approach is not a means of making unacceptable development acceptable, which is why the Bill gives Natural England the ability to request planning conditions to ensure that appropriate actions are taken by developers as part of using an EDP.”
“The simple answer is no, I would not characterise the OEP’s advice as “spurious”, but I am characterising some of the arguments that have been made over recent days and weeks as such. The OEP is not saying that the Bill is a “cash to trash” model, but some people out there in the public discourse are making that claim.”
“I will not give way again. We have to make this argument to take on the critics of the Bill who are intentionally trying to malign the objectives—”
“While the Government have no time for spurious and misleading attacks on the nature restoration fund, I am acutely conscious of the views expressed both within and beyond this House from those who are supportive of the purpose and intent of part 3 of the Bill—those who are not calling for it to be scrapped, but are not yet convinced that the safeguards within it are sufficiently robust or that there is the required certainty that it will deliver in practice the potential environmental benefits it offers.”
“If any Secretary of State signed them off, they would be open to judicial review on the basis of that decision. In short, the nature restoration fund will do exactly as its name suggests: it will restore, not harm nature. It is smart planning reform, designed to unlock and accelerate housing and infrastructure delivery, while improving the state of nature across the country. By shifting to a strategic approach, leveraging economies of scale and reducing the need for costly project-level assessments, it will deliver a win-win for development and the environment.”
“Friend the Member for Chesterfield (Mr Perkins), has rightly flagged the importance of these plans relying on robust scientific evidence, which is why they will only ever be put in place where they can be shown to deliver better environmental outcomes. Finally, there has been a suggestion by some that the new approach provided for by the Bill would allow for the destruction of irreplaceable habitats or for irrecoverable harm. Again, that is patently false. Not only do all existing protections for irreplaceable habitats remain in place, but the overall improvement test in clause 59 simply could not be met if an EDP proposed to allow irrecoverable harm. Natural England would not propose such measures, and the Secretary of State could not sign them off if it did.”
“The very strong protections for important sites set out in national planning policy are untouched by the legislation. It is only when an EDP is in place, following consultation and approval by the Secretary of State, that developers can avail themselves of it to discharge the relevant obligation. In the same way that developers can build only once they have met existing requirements, development supported by the nature restoration fund will only be able to come forward when there is a credible and robust EDP in place that will deliver better environmental outcomes. The Chair of the Environmental Audit Committee, my hon.”
“The hon. Member for North Herefordshire is more than welcome to have another go at intervening in due course. I know that she will be putting forward her views later. The Government’s view is that the Bill is not “regressive”. As I have said, environmental delivery plans will secure improved environmental outcomes that go further than simply offsetting harm as required under current legislation. As the hon. Lady knows, because we had extensive debates in Committee, we are giving very serious consideration to the OEP’s technical advice on how the Bill might be strengthened in various areas. Another claim that has been put forward has been that the Bill strips protections from our protected sites and species, allowing for untrammelled development across the country. Again, that amounts to nothing less than wanton misrepresentation.”
“It is for the chief executive of the RSPB to justify why she has changed her view on the Bill when the Bill has not changed. If anything, as I will come on to explain, quite a lot of amendments that the Government made—”
“In Committee, we discussed the need to do more to rapidly increase the coverage of swift bricks across the country as an important means of arresting the long-term decline in breeding swift populations. In responding to the debate, I intend to cover some of the ways forward that the Government intend to take.”
“For the purposes of clarity, that includes giving serious consideration to ways in which we might instil further confidence in respect of the rigour of the overall improvement test, provide for greater certainty in respect of the delivery of EDPs, and ensure that there is more clarity about the evidential basis and environmental rationale for strategic network level conservation measures. As we do so, I put on record my thanks to all those who have continued to engage constructively with the Government with a view to providing reassurance that the nature restoration fund will operate as intended. As ever, I will listen carefully to the contributions made by hon. Members in respect of part 3 of the Bill, and I look forward to a constructive debate on these clauses.”
“Those changes significantly strengthen the nature restoration fund and, I hope, will be welcomed across the House. However, as I was at pains to make clear in Committee, and will more than happily restate once again today, I continue to reflect on the reasonable points made by hon. Members and the advice of the Office for Environmental Protection with a view to deliberating on what more might be done to ensure everyone is confident that the outcomes for nature provided for by this part of the Bill will be positive.”
“To assuage what are entirely reasonable questions in respect of an approach that is novel, we have already made some targeted improvements to part 3 in Committee, including requiring environmental delivery plans to demonstrate how conservation measures will be maintained and over what period; strengthening the overall improvement test by clarifying that the Secretary of State must be satisfied that it will be passed by the end date of the environmental delivery plan; clarifying that the negative effect the Secretary of State must consider relates to the maximum amount of development covered by the environmental delivery plan; and ensuring that Natural England has sufficient powers of entry, used only when absolutely necessary, to survey or investigate land alongside appropriate constraints, including notice requirements and introducing further protections in respect of Natural England’s use of compulsory purchase powers.”
“I was not planning to, Madam Deputy Speaker, because I need to set out some important changes that the Government have made and the amendments that we are proposing. However, on the basis of your stricture, I will not take any further interventions. The Bill has not changed; if anything, it has been strengthened in Committee in ways that I will set out.”
“It is a pleasure to rise to respond to what has been a very comprehensive debate. [Interruption.] A significant number of amendments have been spoken to in the course of the debate— [ Interruption.]”
“Although I understand why many are attracted to the argument that the only way to make a significant difference to swift numbers and other red-listed species is to mandate the incorporation of swift bricks into all new-build properties, through building regulations or free-standing legislation, I take a different view. In all sincerity, I do not believe that amending building regulations is the most appropriate way to secure the outcome that the House as a whole seeks. As building regulations are mandatory, going down that route would compel developers to install swift bricks in all new buildings, irrespective of what they are or where they are located.”
“I will work with him to broker the necessary ministerial meetings that he seeks. With those assurances, I hope that he and the hon. Member for Taunton and Wellington will feel able to withdraw their amendments. Turning to swift bricks, which were mentioned several times during the debate, we recognise that they are a vital means of arresting the long-term decline of the breeding swift population. While swift brick coverage is increasing, with nearly 30 house builders having made a voluntary commitment to install one for every new home built, the Government want to do more to drive up swift brick installation. However, there is a principled difference of opinion as to the best way to achieve that objective.”
“That means that those facilities can be lost only where they are no longer needed, or where there is a justified and appropriate alternative Given the existing policy expectations, safeguards and sources of support, we do not believe that it is necessary to add the sort of legislative requirements the amendments would entail. However, I recognise the importance of what the amendments seek to achieve, and the provision of play space is one of the areas we are considering as we prepare a new set of national planning policies for decision making, on which we will consult this year. I commit to my hon. Friend the Member for Bournemouth East to writing to my counterparts at the Department for Education and at the Department for Culture, Media and Sport to ensure that we are acting across Government to increase spaces for play.”
“The Government agree that access to play space is vital, which is why strong protections are already in place. The national planning policy framework is clear that local planning policies should be based on robust and up-to-date assessments of the need for open space, sport and recreation facilities, and opportunities for new provision, including places for children’s play. In December, we strengthened the strong protections already in place in the NPPF by adding explicit reference to safeguarding “formal play spaces”.”
“Friend the Member for North East Hertfordshire (Chris Hinchliff), as well as seeking to clarify the evidential basis and environmental rationale for strategic conservation measures, as raised by my hon. Friend the Member for Chesterfield (Mr Perkins). The status quo is not working. The case for moving to a more strategic approach is compelling and I look forward to further consideration of part 3 in the other place. Turning to the important issue of children’s play areas and playing fields, I thank the hon. Member for Taunton and Wellington for tabling new clause 16 and my hon. Friend the Member for Bournemouth East (Tom Hayes) for tabling new clauses 82. I particularly commend my hon. Friend on all that he is doing to make the case for high-quality, accessible and inclusive areas for play.”
“Members and stakeholders. We are clear that this is the right model to take us forward. We are of course open to ways to improve the legislation, however, and on that basis, and to emphasise the point I made earlier in the debate, we are giving serious consideration to ways in which we might instil further confidence that part 3 will deliver the outcomes we believe it will, such as providing greater confidence in the rigour of the overall improvement test, as raised by the OEP and the hon. Member for Taunton and Wellington (Gideon Amos). We are also giving due consideration to how we can provide for greater certainty in the timescale for delivering conservation measures, as raised by my hon.”
“A significant number of amendments have been spoken to in the course of the debate and the House will appreciate that I do not have the time to address the vast majority of them. I will therefore focus on addressing as many of the key amendments and points of contention as I can. I have been extremely generous in giving way in opening the debate, but I hope that hon. Members will now appreciate that to get through as many points as possible I will not be taking further interventions. The debate this evening has evidenced support from across the House for nature and for ensuring we get the nature restoration fund right. I spoke in detail about the Government’s position in opening the debate. As I repeatedly made clear in the Bill Committee and will reiterate this evening, we are listening to the concerns raised by hon.”
“Members who have participated in today’s debate for their contributions. The Government will continue to reflect on the arguments that have been made. I urge the House to support the targeted amendments to this Bill that the Government have proposed, to ensure we can realise its full potential. Question put and agreed to. New clause 69 accordingly read a Second time.”
“A range of complex factors contribute to the numbers of affordable houses coming forward in this country and impact on the sector’s ability to build more homes, but we will of course keep that matter under review. I will very briefly mention the green belt and the protection of villages. As the House will be aware, we recently published guidance in relation to the green belt. None of the long-standing green-belt purposes are touched by those changes, including the purpose of precluding the merging of towns. The guidance does not remove those appropriate and relevant protections from land around villages, and any green-belt land—including land in, or near, villages—that conflicts with the relevant purposes would not be identified as grey belt. To conclude, I once again thank all hon.”
“To date, we have not chosen to define a target for social and affordable housing, and there is good reason why that is the case, including the fact that the sector has faced significant financial constraints and needs regulatory certainty. That was made worse by many of the completely irresponsible and unacceptable decisions made by the Opposition when they were in government over the past 14 years. It would not be appropriate to set a target until after the sector is stabilised, knows what is required and, importantly, is clear on what investment will be available to support delivery, which will become apparent only after the spending review.”
“Friends the Members for North East Hertfordshire (Chris Hinchliff) and for Vauxhall and Camberwell Green (Florence Eshalomi). The Government are committed to the biggest generational uplift in social and affordable housing, and in our first 10 months in office we have put our money where our mouth is. We have announced new £800 million in-year funding to top up the 2021-26 affordable homes programme, and we announced in the spring statement an immediate injection of £2 billion in new capital investment to act as a bridge to the future grant programme, which is to be announced this week in the spending review.”
“Let me be very clear in response: the Government recognise the importance of Ministers attending Committee to explain the proposed changes, and I am happy to tell my hon. Friend that the Deputy Prime Minister and I will write to colleagues to ensure that is fully and clearly understood. Importantly, the NPPS as amended must be laid in Parliament for 21 days, during which time this House may resolve that the amendment should not be proceeded with. Parliament retains the ultimate say over whether a change should be enacted. I hope that clarifies the process and reassures my hon. Friend and the House more widely. Finally, I will address some of the amendments about provision of affordable and social housing, including new clauses 32 and 50, tabled by my hon.”
“I reassure the House that our changes are not about eroding parliamentary scrutiny, but about ensuring that scrutiny is proportionate to the changes being made, and we absolutely recognise the value that such scrutiny brings to getting important changes right. As I have discussed with my hon. Friend the Member for Hackney South and Shoreditch, several safeguards are in place that will ensure parliamentary oversight is protected; I will happily restate them for the record. Where we intend to make a reflective amendment, a statement will be laid in Parliament announcing a review and we will write to the relevant Select Committee. Ministers will make themselves available to speak to that Committee as far as is practicable, and we will take into account the views of any Select Committee report published during the consultation period.”
“I believe that if Members engage with the detail of that conversation, they will recognise that what is being proposed is not an attempt to ride roughshod over local democracy, but a sensible and proportionate change designed to improve certainty and decision making in the planning system. However, on the fundamental point of whether we should introduce a national scheme of delegation, the Government’s position is an unequivocal yes. For that reason, I cannot accept the new clause in question. I turn briefly to the amendments tabled by my hon. Friend the Member for Hackney South and Shoreditch (Dame Meg Hillier) and the hon. Member for Taunton and Wellington relating to the Bill’s new reflective amendment procedure for national policy statements.”
“Since Committee stage, when we debated these issues at length, the Government have published a technical consultation setting out our detailed plans for reform in this area. I encourage hon. Members to read that consultation, in which we propose splitting planning applications into two tiers, providing certainty about what decisions will be delegated to expert officers and at the same time ensuring that councillors can continue to focus on the most significant proposals for housing and commercial developments to allow for effective local and democratic oversight of the most controversial applications where warranted.”
“Member for Taunton and Wellington, which would have the effect of preventing the Government from implementing a national scheme of delegation for planning committees. Put simply, it is a wrecking amendment, and the Government cannot accept it for the following reasons. Planning is principally a local activity, and the Government recognise the vital role that planning committees play. However, we must ensure that they operate as effectively as possible. At present, every council has its own scheme of delegation, and 96% of planning decisions in England are already made by planning officers. However, there is significant variation across the country, which creates risk and uncertainty in the system. As such, we believe that there is a robust case for introducing a national scheme of delegation.”
“So that no one can be in any doubt about our intentions here, the Government have today published new planning practice guidance setting out how swift bricks are expected to be used in new developments, as an interim step ahead of the planned consultation. We also heard from several hon. Members who want to see stronger protections put in place for chalk streams. The measures in the Bill will not weaken existing protections for those valuable areas for nature, but the Government continue to give careful consideration to this matter in the context of ongoing reform to national planning policy and I am more than happy to engage with hon. Members from across the House on it. I turn to new clause 1, tabled by the hon.”
“We are specifically giving consideration to using a new suite of national policies for decision making to require swift bricks to be incorporated into new buildings, unless there are compelling reasons that preclude their use or that would make them ineffective. That would significantly strengthen the planning policy expectations already in place, so that, for example, we would expect to see at least one swift brick in all new brick-built houses. I believe that is the best way we can achieve the objective of seeing swift bricks used as widely as possible, as the use and placement of swift bricks can be integrated into the planning process and become a standard expectation in the design of new developments. We will be consulting on a new set of national policies for decision making later this year.”
“No, I will not. Contrary to what hon. Members might assume, amending building regulations is not a quick fix. It can take years for changes to feed through into building design and we do not think that swifts can afford to wait that long. For those and other reasons, I remain of the view that changing national planning policy is the more effective route to securing swift bricks as a standard feature of the vast majority of new buildings. As the House will be aware, the revised NPPF published in December expects developments to incorporate features that support priority or threatened species such as swifts, bats and hedgehogs. However, as I have made clear to many hon. Members over recent months, we have always intended to go further.”
“As I said, local councils are best positioned to lead the initiatives, as they possess the intimate knowledge of their areas and can effectively consider factors such as traffic flow capacity, road safety and the diverse needs of residents, visitors and businesses, but I hope I have given my hon. Friend a sense of what the Government are doing to support them. Question put and agreed to.”
“I welcome the co-operation my hon. Friend mentioned. I am glad to hear his local authority is working collaboratively with Abri, the housing association in question, and I am pleased by Bracknell Forest council’s commitment, through its parking strategy, to work with housing associations generally to help alleviate the pressures on parking. To conclude, I thank my hon. Friend once again for raising this matter with the Government. We recognise the significant concerns many communities, particularly those residing in older estates, face regarding the accessibility and availability of parking. This essential resource is under increasing pressure, and we fully support local councils in their endeavours to mitigate the challenges.”
“Friend mentioned, the landowners or private car park operators are responsible for parking provision and enforcement. I am pleased to hear that Bracknell Forest council is working with local landowners, including housing associations, to deliver more parking capacity across the community. Housing associations are private bodies and must make their own decisions on how they run their business, but the neighbourhood and community standard is clear that providers must co-operate with partners to promote social, environmental and economic wellbeing. The standard includes a specific expectation that housing associations co-operate with local authorities to support them in achieving their objectives. However, the regulator of social housing does not dictate how individual housing associations demonstrate how they comply with this duty.”
“Most electric vehicle drivers charge overnight at home, which is often the most convenient and cost-effective option. To support those without on-street parking, the Government offer a grant for homes to purchase a charge point when paired with a cross-pavement charging solution. The Department is aware of at least 26 trials and hundreds of individual installations of cross-pavement solutions across the UK. The Government are also working with local authorities to encourage this technology. In December 2024, the Government published cross-pavement guidance to help local authorities understand what they need to consider for the roll-out of cross-pavement solutions. That includes relevant planning permissions, minimum existing standards, responsibilities and case studies of trials. For private land, such as the residential estates my hon.”
“Friend is likely already aware, the Department for Transport held a consultation back in 2020 on the complex problem of pavement parking. This Government intend to publish a formal response to that consultation later this year, which will summarise the views received and announce the Government’s next steps for pavement parking policy. In the meantime, highways authorities may introduce specific local pavement parking restrictions using their existing TRO-making powers—traffic regulation orders—and these can be enforced by councils using their civil parking enforcement powers. My hon. Friend also raised the topic of electric vehicle charging on housing estates with roadside parking. The Government are committed to making EV charging infrastructure more affordable and accessible, particularly for those without off-street parking.”
“The Department for Transport recently allocated £203,000 to Bracknell Forest council from the local transport resource funding scheme. Under the scheme, local transport authorities can use this funding to build their capability and capacity to develop ambitious transport schemes, develop and update local transport plans, deliver local delivery plans, fund individual projects and retain the transport expertise to do this. On pavement parking, I well understand that this can be a real problem for pedestrians, wheelchair users, those with prams and buggies, and especially people with mobility or visual impairments. We are mindful of the concerns many people have raised about inconsiderate pavement parking. As my hon.”
“The Government understand that Bracknell Forest council has acknowledged the pressures with street parking in the community and is in the process of implementing a parking strategy with the objective of supporting the provision of parking in the borough. I note the concerns my hon. Friend raises regarding the council’s progress to date; however, it is right that local authorities have autonomy over the nature and scope of parking policies within their local area. As he rightly recognised when he spoke about local solutions, local authorities are best placed to balance the needs of residents, emergency services, local businesses and those who work in and visit their area. Of course, the Government are committed to investing in local communities and improving local transport infrastructure.”
“As a result, the growing demand for the provision of parking risks becoming unmanageable. That will not only be frustrating to residents who own vehicles, but can also lead to irresponsible or even dangerous parking in prohibited areas. My Department is aware of the complaints many residents of Bracknell Forest have raised about parked vehicles preventing the flow of traffic, and I welcome the measures the council has now put in place to prevent this. While the Government recognise the importance of adequate provision of street parking for local communities, in line with the Government’s position on localism, parking is ultimately the responsibility of local authorities and it is for them to determine what is appropriate in their area, and local authorities already have powers to implement and enforce parking restrictions.”
“The Government recognise the provision of accessible and reliable parking is particularly important outside of the major metropolitan areas, where public transportation is often limited and where people need to be able to drive to access basic services and economic centres. Although the Government understand the benefits of private car use for individuals up and down the country, with many across our communities relying on private vehicles as a key part of their lives, I also recognise that many estates are simply not equipped to deal with the number of cars on our roads. That is most keenly felt by residents in older estates. This problem has been exacerbated by the fact that modern cars have grown not only in number but in size, as my hon. Friend rightly referenced in his remarks.”
“I thank my hon. Friend the Member for Bracknell (Peter Swallow) for raising this important matter with the Government, and congratulate him on securing this debate. I have heard his concerns regarding the inadequate provision of parking across his constituency, and I recognise the issues he raises on the accessibility of parking. These are important issues which have a direct link to the welfare of local communities and the economic prosperity of our towns. Let me cover some of the main points raised in his remarks and other interventions. As my hon. Friend will be all too aware, competition for parking spaces, especially for accessible street parking, across this country is already substantial.”
“We do not believe that we should extend appeal rights to third parties, which again would serve only to delay the planning process and hinder the development of new housing and economic development. Although I welcome the sentiment behind the new clause—namely, to deter appeals submitted for spurious or non-planning reasons—in our view there are already appropriate measures in place to respond to such appeals through the awards of cost regime. The appeal system in the awards of cost regime helps to stop unmeritorious appeals by making those who submit them pay costs, thereby discouraging vexatious or frivolous cases. For those reasons, the Government will not be able to accept either new clause.”
“Given that these opportunities already exist, the Government do not believe that it is either necessary or helpful to introduce a right of appeal for interested parties. New clause 12 would serve only to discourage early involvement in the planning process or lead to repeated consideration of issues that have already been raised and addressed during the planning application process. In our view, adding a new appeal process to the planning system would create more delay, costs, complexity and unpredictability, undermining confidence in the system and ultimately delaying the delivery of new housing and economic development at a time when we need to get Britain building again, which we have been very clear about. For that reason, we will not be able to accept new clause 12. I turn to new clause 13.”