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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“It is a pleasure to continue our proceedings with you in the Chair, Mrs Hobhouse. Chapter 3 of part 1 of the Bill deals with reform of transport infrastructure. Its various clauses—all of which, I hope, are uncontroversial—are designed to streamline and improve the efficiency of delivering transport infra- structure projects. Clauses 25 to 29 of the chapter make various amendments to the Highways Act 1980. As hon. Members will be aware, local authorities and statutory consultees provide advice, share information and prepare responses to consultations on proposed highway projects. However, they currently do not have a statutory basis on which to recoup the costs associated with the work they do to review the applications.”
“It is broadly accepted that we need to support local planning authorities and statutory consultees to process applications in a timely manner. We think that will drive high-quality and timely—”
“I welcome both the broad support for the intent behind the clause and the very reasonable questions that have been put to me by members of the Committee. To be very clear, because we have strayed into pavement applications, section 106 applications and other things, this clause very specifically relates to allowing local authorities and statutory consultees to recover the costs that they incur when providing services on highway-related applications only. We may discuss later some of the other matters and the general position of planning authorities and the challenges they face in capacity and capability. I just wanted to make that point. All the clause does is bring the Highways Act 1980 into line with the cost recovery provisions established under other infrastructure consenting regimes.”
“None the less, I will reflect on that point, as we do not want cost recovery provisions in the clause to allow developers to reduce section 106 contributions on the basis that they are having to pay this charge. As I said, delegated powers will ensure that the cost recovery power is future-proofed by ensuring that it is flexible enough to account for changes, not least in inflation, which we have discussed before.”
“It will be for the Secretary of State and Welsh Ministers to set out in regulations those bodies that are able to charge the fees; they may include bodies such as the Environment Agency and Natural England. Regulations and guidance will set out in more detail what advice and information will be covered by the cost recovery process, as well as other matters, including how fees are calculated, when fees can and cannot be charged and the point at which fees are charged. We will get into separate issues relating to build out, but to respond gently to the point made by the hon. Member for Broxbourne, I cannot see how a very specific highways-related application will necessarily bleed over into section 106 negotiations.”
“I will address the hon. Member’s point, if he will wait, and then he is more than welcome to come back in. As I said, it help to drive timely and high-quality inputs into the process, which will speed up the delivery of highway infrastructure projects and avoid extra costs. This is an important point to make: there are costs associated with the fact that applications are not taken through in a timely manner. If they are delayed or time out, that can result in design changes or the process to reach a decision being extended, which brings extra costs. In general terms, we want to ensure, as with many of the provisions in the Bill, a more streamlined, certain and faster consenting process.”
“Clause 26 Power of strategic highways company in relation to trunk roads Question proposed, That the clause stand part of the Bill.”
“I certainly will do so, and, just to stress the point once again, what we are trying to do here and in a number of other clauses in this chapter is broadly about bringing the processes under the Highways Act 1980 and the Transport and Works Act 1992 into line with other consenting regimes. As I said, in this case, it is about ensuring that cost recovery provisions established under those other infrastructure consenting regimes apply in the case of the Highways Act. However, I certainly will be more than happy to reflect on the hon. Gentleman’s point, and on those made by other members of the Committee. On that basis, I commend the clause to the Committee. Question put and agreed to. Clause 25 accordingly ordered to stand part of the Bill.”
“This will help to deliver road improvements more quickly, support economic growth, enhance transport links and reduce congestion.”
“The current system places much of the process for handling requirements of these section 10 orders—namely their preparation and publicity—on the Secretary of State, rather than the highways body itself. Clause 26 will simply transfer the administrative control of the application from the Secretary of State to the strategic highways authority—National Highways. It will also align the handling process with the way in which applications under other parts of the Highways Act are currently managed. I stress that the Secretary of State will remain the ultimate decision maker on the application. However, by removing the administrative burden from the Secretary of State, clause 26 will create a more efficient process, which we believe will lead to faster decisions on new and upgraded trunk roads.”
“Clause 26 will allow National Highways to handle the majority of the administrative actions for creating or changing the status of a trunk road. As I am sure all Committee members are aware a section 10 order under the Highways Act is used to designate or declassify a road as a trunk road. Trunk roads are major routes in our highways network that are managed by National Highways instead of local authorities. Having the power to make a road a trunk road is an essential step in ensuring that key roads are maintained at the national level. Trunk roads perform an important role in enabling safe, reliable and often long-distance journeys by both people and goods between our major towns and cities, and provide access to our international gateways.”
“I am more than happy to write to the shadow Minister about the role of county authorities in managing the highway network, and how the Highways Act and the consenting regime applies to them. I do not think his point is pertinent in this respect, in the sense that the clause transfers administrative functions related to section 10 orders under the Highways Act from the Secretary of State purely to National Highways. It does not change the legal decision-making authority, which remains the Secretary of State’s, but the administrative burden, in terms of the final preparation, publishing and consultation of the necessary documents, would be done by the applicant—National Highways. But I am more than happy to provide the shadow Minister with further detail about the interaction with county authorities.”
“I very much welcome that intervention, as will my officials, I am sure. It saves them a letter—although letters may be forthcoming in the course of debate if we require further detail on very technical points. I will just stress the point again: I think the confusion lies in the fact that section 10 orders apply only to National Highways, if the shadow Minister needs reassurance in that regard. But broadly, these are procedural changes that just allow, as I have said, the administrative burden to be transferred from the Secretary of State to National Highways.”
“Member for Ruislip, Northwood and Pinner—apologies to my officials —on this administrative change as to who takes on those actions, namely National Highways rather than the Secretary of State, and how that interacts, which I think was his point, with the boundary of roads managed by the Greater London Authority, which is not covered by this clause of the Bill.”
“I do not think that in any circumstances we would see friction on elements where the Secretary of State remains the body that takes forward the administrative process. I cannot envisage a way in which that would cause friction. Just to be very clear, a section 10 order under the Highways Act is used to designate or declassify a road as a trunk road. That is action carried out by National Highways, as I have said. We simply want it to take the administrative actions for creating or changing the status of a trunk road. I am more than happy to write to the hon.”
“Question put and agreed to. Clause 26 accordingly ordered to stand part of the Bill. Clause 27 Deadlines for consultation and decisions on certain orders and schemes Question proposed, That the clause stand part of the Bill.”
“I think we will all know where to place the blame if that scenario arises—we will not need to add an extra day. I gently say to the shadow Minister, the hon. Member for Ruislip, Northwood and Pinner, that he is comparing apples and pears. To be as clear as I possibly can be, all the requirements set down in the legislation in respect of preparing and publishing materials, and the fact that the Secretary of State remains the decision maker, remain in place. The clause purely changes the body overseeing the administrative actions associated with those applications. On that basis, I think this is a fairly uncontroversial procedural change. We have committed to write to the hon. Gentleman about any possible interactions with the Greater London Authority’s management of red routes. On that basis, I commend the clause to the Committee.”
“By shortening the objection period and setting a clear decision timeframe, the clause makes the process more predictable for all stakeholders. Faster, more predictable decisions will result in more efficient delivery of transport infrastructure projects, contributing to better transport networks. We think this change strikes the right balance between improving speed and maintaining fairness, ensuring that the process remains transparent and accountable. I commend the clause to the Committee.”
“Again, I draw the shadow Ministers’ attention to the fact that, as per the previous clauses, we intend to align the Highways Act provisions with those in other consenting regimes, to provide for a more uniform arrangement across the piece. Additionally, the clause will introduce a 10-week deadline for the Secretary of State to make decisions on these schemes and orders. Currently, there are no statutory deadlines for the decision-making stage for the relevant processes, unlike in other consenting regimes, such as the Planning Act 2008. Bringing the Highways Act into alignment with other consenting regimes will improve certainty and the efficiency of the process. The power for the Secretary of State to extend the decision deadline, if necessary, ensures flexibility in cases where additional time may be required.”
“Clause 27 will reduce the objection period for applications under the Highways Act 1980 from six weeks to 30 days. Such applications could be for the construction of new roads, changes to existing ones and other necessary legal orders for delivering highway infrastructure. The objection period refers to the timeframe during which interested parties can view application materials and provide comments. Reducing the objection period will speed up the consenting process without sacrificing the safeguards that are essential for the fair consideration of objections. An objection period of 30 days aligns with the relevant objection periods for other transport consenting regimes, such as the Planning Act 2008.”
“Clause 28 Procedure for certain orders and schemes Question proposed, That the clause stand part of the Bill.”
“On that basis, we do not think that the clause sets a precedent for the shortening of objection periods, because objection periods of about four weeks, as I have said, can be found in other infrastructure consenting regimes. That is an adequate period of time in which to submit objections. The shadow Minister asked another, separate question about the Secretary of State’s ability to extend deadlines from the 10-week period. Again, in any such instances, the Secretary of State would need to send written notice of the extension to the relevant parties in those cases, setting out why an extension is required. I hope that on that basis the shadow Minister is reassured about the use of that particular part of the clause. Question put and agreed to . Clause 27 accordingly ordered to stand part of the Bill .”
“I thank the shadow Minister for his response and questions. Again, I make the point that with a number of these provisions we are trying to align the Highways Act with other consenting regimes. I do not know whether his position is that the statutory objection period in those other consenting regimes—for example, the Planning Act 2008—should be lengthened. I would argue that such an extension would add time and complexity. We think that should be brought into line with the others. We think that 30 days is the appropriate period, that the existing arrangements, which set out a period of not less than six weeks, are too long, and that we should bring the Highways Act into line with the other regimes.”
“Clause 29 Compulsory acquisition powers to include taking of temporary possession Question proposed, That the clause stand part of the Bill.”
“As I have mentioned, the Highways Act already contains a quicker process for confirming other types of application via a confirmation document issued by the Department for Transport. The clause will simply allow the applications to which I have referred to be confirmed via a confirmation document issued by the Department. In short, that again aligns the handling processes across the relevant parts of the Highways Act. That will support the Government’s goal of speeding up the consenting of transport infrastructure by streamlining the process. To maintain transparency in the decision-making process, the clause ensures that a confirmation notice must be published in the public domain. I commend the clause to the Committee. Question put and agreed to . Clause 28 accordingly ordered to stand part of the Bill .”
“The clause seeks to address the fact that under the existing system, a statutory instrument is required to approve applications under sections 16 and 106(3) of the Highways Act, and for orders under section 10, which are made by the Highways Authority in the form of a draft statutory instrument, whereas a simpler confirmation process exists for other applications under that Act. An SI is currently required for applications to make or unmake a trunk road or special road, to construct a special road, or to build a road bridge over or road tunnel under navigable waters. Those statutory instruments are not subject to any parliamentary procedure, but they take extra time to prepare. That represents an unnecessary and disproportionate burden of bureaucracy in our view.”
“In doing so, it will contribute to the Government’s ambition to simplify the consenting of major transport infrastructure projects.”
“The intention of the clause is to provide clarity that project promoters, under the Highways Act 1980 regime, can temporarily use and possess land by compulsion. It does so by introducing a clear and proportionate legal power to require authorities that have already identified a piece of land as necessary for the planned construction of the proposed highway works to temporarily use land when they cannot reach agreement with the landowner, while also protecting landowner rights to regain their land and support compensation mechanisms. By reducing legal ambiguity, the power will help to shorten often protracted land negotiations, speeding up the process to submit an application for highways works, ultimately thereby delivering transport projects quicker.”
“The clause concerns compulsory acquisition powers in relation to projects undertaken under the Highways Act 1980. No clear provision is currently available to allow Highways Act project promoters to temporarily use and possess land, such as for construction purposes, by compulsion. In lieu of such a provision, if a project promoter cannot come to a commercial agreement with the landowner or owners for a licence to access the land required, the project promoter will typically apply for powers of compulsory acquisition to enable it to buy and use the land. That approach is disproportionate when the land is needed only temporarily for construction purposes. Additionally, the current arrangement offers the landowner no legal right to regain their land.”
“We are trying to achieve a fairly simple clarification through the Bill, which will not require us to enact powers that are above and beyond what is required under the simplification to which the clause gives effect. It is an uncontroversial procedural change that will make the process more certain and efficient for both parties and provide them with reassurances. Question put and agreed to. Clause 29 accordingly ordered to stand part of the Bill. Clause 30 Replacement of model clauses with guidance Question proposed, That the clause stand part of the Bill.”
“I thank the shadow Minister for that contribution and I recognise the reasonable concern he raises. If he will allow me, because it is a very technical aspect of the Bill, I will write to him with full details of how we see this power working, particularly in respect of compensation measures. I think his remarks recognised that the present arrangements do not provide the necessary certainty for landowners that they can regain their land. They force applicants to use disproportionate powers. We are trying, through the clause, to provide certainty that there is a way to take possession of land temporarily when required. It is worth saying that there is a temporary possession power in the Neighbourhood Planning Act 2017. It is a different mechanism; it has not yet been enacted.”
“Setting them out in more flexible guidance, rather than legislation, will allow them to be updated more regularly via a more efficient and faster process. That supports the Bill’s aim of simplifying and streamlining transport rules, ensuring that we have a more efficient legal framework moving forward. On that basis, I commend the clause to the Committee. Question put and agreed to. Clause 30 accordingly ordered to stand part of the Bill. Clause 31 Removal of special procedure for projects of national significance Question proposed, That the clause stand part of the Bill.”
“Clauses 30 to 41 make various amendments to the Transport and Works Act 1992. I would hope that the Committee has a shared recognition that that Act of Parliament needs to be more efficient for applicants applying for transport infrastructure schemes such as new railways or tramways in England and Wales. This will allow transport infrastructure projects to be delivered as efficiently as possible, providing faster decisions and support economic growth. Clause 30 allows the Secretary of State in England and Welsh Ministers in Wales the power to move template model clauses from legislation into guidance. The model clauses are intended to streamline the drafting of Transport and Works Act orders, but they can currently only be amended through secondary legislation.”
“The effect of the clause is a simple procedural fix. By removing outdated references, the clause will make it easier for developers and public bodies to understand and apply the law, while also reducing administrative burdens. I commend the clause to the Committee.”
“I hope that on this clause, at least, we can avoid detailed questioning by the Opposition, because there is nothing with which issue can be taken. It is a simple tidying up of the statute book. The Transport and Works Act requires updating to reflect the wider changes that are to be implemented in the planning sector. It was, as I have mentioned, given Royal Assent in 1992. The purpose of clause 31 is simply to remove a redundant section of the Transport and Works Act, which refers to schemes considered to be “of national significance”. Since the Planning Act 2008 was introduced as the consenting regime for nationally significant infrastructure projects, with clearly defined thresholds for what is considered “of national significance”, it has effectively rendered that part of the Transport and Works Act entirely redundant.”
“I thank the shadow Minister for his question. As ever with his points, it was well made. I will go away and reflect on it, but I struggle to see how the use of the clauses we are considering in the Transport and Works Act—as I have said, they have been rendered entirely redundant since they were superseded by provisions in the Planning Act 2008 that clearly define thresholds for what is deemed to be nationally significant infrastructure —give rise to the challenge that he posits.”
“If I have understood the point correctly—I am more than happy to write to the shadow Minister and set this out in detail, but he can intervene if I have not got this right—the challenge is about applicants who in the past have relied on the provisions of the Transport and Works Act 1992 that we are today arguing are redundant, and how permissions obtained on that basis prior to the Planning Act 2008 interact with the changes in the clause. It is essentially a concern about retrospection in relation to the clause.”
“The easiest way—mindful of your strictures, Mrs Hobhouse—to move the Committee on and ensure that we can debate important clauses later in the Bill is for me to commit to writing to the shadow Minister with exhaustive detail on that point. Question put and agreed to. Clause 31 accordingly ordered to stand part of the Bill. Clause 32 Duty to hold inquiry or hearing Question proposed, That the clause stand part of the Bill.”
“I understand the point, but I think the shadow Minister is conflating an application under the relevant provisions in the Transport and Works Act and what the clause seeks to clarify, which is when schemes are considered to be of national importance. As I said, with the Planning Act 2008, we have an Act of Parliament that provides very clear thresholds for when schemes are considered of national importance. I am more than happy to write to the shadow Minister with further detail, but I think he raises a valid point. We think the redundant section 9 should be removed from the Transport and Works Act to give developers and public bodies clarity on how the law should be applied going forward, while also reducing administrative burdens.”
“The clauses, as I have argued, will reduce unnecessary bureaucracy and administrative burdens, helping to deliver transport infrastructure more efficiently. I commend them to the Committee.”
“Currently, the inspector must write a report with recommendations of costs to the Secretary of State based on the conduct of parties taking part in the public inquiry. That approach contrasts with the Planning Act 2008, where cost decisions are made by the examining authority. By delegating the decision-making capability to the inspector conducting the inquiry, we will ensure that claims are resolved more quickly for all stakeholders. That will reduce administrative burden in determining such cases and save time, helping to deliver transport infrastructure more efficiently. The Secretary of State in England, and Welsh Ministers in Wales, will retain the ability to direct that a cost decision is to be determined by them should they not wish to delegate responsibility on a potentially contentious case.”
“A streamlined process for considering objections saves time and cost for applicants. All objections will continue to be decided—I want to stress this point—entirely on the merits of the arguments put forward. This not about removing the voices of individuals or communities; instead, it ensures that the objections process remains proportionate, so serious objections are given due attention. Clause 33 makes amendments to section 11 of the Transport and Works Act regarding decisions on costs arising from a public inquiry. It will enable an inspector conducting the public inquiry to make decisions on those costs, unless the Secretary of State or Welsh Ministers direct that a cost decision is to be determined by them.”
“Clauses 32 and 33 relate to public inquiries under the Transport and Works Act. Clause 32 will amend the circumstances in which an objection is considered to an application under that Act. Currently, if an objection is raised to an application under the Act, a public inquiry or hearing can be required to be held, even if the objection is deemed to lack substance. That can result in costly and lengthy public inquiries taking place, even where objections lack merit. The length of the inquiry process can range greatly depending on the complexity of what is being examined, from six months to two years. Clause 32 will mean that a public inquiry is held only when an objection is raised that is considered by the determining authority to be serious enough to merit such treatment.”
“I hope that gives him some reassurance as to the type of circumstances—”
“Hopefully I can provide the hon. Gentleman with further clarification. I recognise and appreciate the valid concerns he raises. As things stand, it is not the case that any objection to an application of the kind we have described results in a public inquiry or hearing, but it can in many instances give rise to one. For example, when an objection comes from a landowner whose land would be affected by compulsory purchase; when a local authority for the area concerned receives an objection that they do not consider frivolous or trivial; or when other concerns are raised that need to be considered, a public inquiry or hearing takes place. In many circumstances, that is appropriate. In others, it may be the case that an exchange of correspondence, for example, can achieve the same goal without the need for a lengthy and costly public inquiry.”
“Member will recognise that the problem we are trying to resolve is that under certain circumstances, as things stand, a public inquiry or hearing can be triggered where it is not necessary, and there may be a far more proportionate way of moving things on and responding to objections—for example, in an exchange of correspondence. I hope that reassures the hon. Gentleman somewhat. As I have said, I am happy to reflect and come back to the Committee with further thoughts on this point.”
“I am pre-empting what the hon. Member is going to intervene on, so I will finish making the point and he can come back to me. I hope he is reassured as to why we consider the change necessary, and the outcome that we are trying to achieve. The hon. Member raises an entirely valid point about the fact that it will be for the Secretary of State for Transport to decide on a case-by-case basis when objections meet the test that he rightly reiterated. I will reflect on how we might provide further clarity, perhaps through guidance on the circumstances in which that test should be applied, but I recognise there is a fair challenge about what cases will come through this route. I hope the hon.”
“Clause 34 Deadline for decisions Question proposed, That the clause stand part of the Bill.”
“I do not have much more to add. There is a genuine problem with the current arrangements that we need to resolve. As I have said, in some circumstances a public inquiry or hearing is not necessary; things can be dealt with in other ways. Under the current arrangements, public inquiries and hearings can be triggered even if an objection is considered to be lacking in substance. That is onerous and disproportionate, but the hon. Gentleman raises a fair point about the basis on which the Secretary of State for Transport will determine whether the objection is of the relevant level of seriousness to require a public inquiry or hearing. I am more than happy to come back to him on that point in due course. Question put and agreed to. Clause 32 accordingly ordered to stand part of the Bill. Clause 33 ordered to stand part of the Bill.”
“I commend the clauses to the Committee. Question put and agreed to. Clause 34 accordingly ordered to stand part of the Bill. Clause 35 ordered to stand part of the Bill. Clause 36 Fees for certain services Question proposed, That the clause stand part of the Bill.”