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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“The Government recognise the considerable financial strain that rising service charges are placing on leaseholders. That is why we intend to consult on the Leasehold and Freehold Reform Act 2024’s provisions on service charges and bring them into force as quickly as possible thereafter. This year, we will also consult on strengthening the regulation of managing agents, including, as a minimum, introducing mandatory professional qualifications to set a new basic standard that managing agents will be required to meet.”
“I am sorry to hear about the experience of Jacqui, Gary and Simon. As I said, the Government are fully committed to protecting leaseholders from abuse and poor service at the hands of unscrupulous managing agents. Despite committing to regulate the property agent sector in 2018, the hon. Gentleman will know that the previous Government failed to do so. This Government will act. We are looking again at the recommendations of the 2019 report commissioned from Lord Best, which was not acted upon by the previous Government over many years. As I have made clear, we intend to consult on the regulation of managing agents this year.”
“I recognise, as I said, the challenges experienced by leaseholders. When it comes to insurance, the Minister for Building Safety recently met the industry to discuss how we can bring premiums down. When it comes to service charges, I assure my hon. Friend the Member for Southampton Itchen that we understand, not least because I have significant numbers of such cases in my constituency, the considerable and, in some cases, intolerable financial strain being placed on leaseholders as a result of opaque and unaffordable service charges. We are committed to empowering leaseholders to challenge unreasonable service charge increases, and my hon. Friend will not have to wait long for us to take action to that end.”
“I do not begrudge my hon. Friend his attempt, but he will have to wait for the spending review outcomes to receive an answer to his question.”
“Local authorities already have a range of powers to bring empty homes back into use, but I am more than happy to meet my hon. Friend to discuss this specific issue in more detail.”
“We took action on SUDS in the national policy planning framework, and we have made very welcome improvements in that area. The Department for Environment, Food and Rural Affairs has launched a consultation on the land use framework. I take it that the hon. Lady has submitted her views, and we will publish the response to that consultation in due course.”
“The Government recognise the importance of ensuring that new housing development is supported by appropriate infrastructure. The revised national planning policy framework, which we published last year, included changes designed to improve the provision and modernisation of various types of public infrastructure. As the hon. Gentleman is well aware, we are also committed to strengthening the existing system of developer contributions to ensure new developments provide the necessary infrastructure that communities such as his expect.”
“I thank my hon. Friend for all he does to support private renters in his constituency. I am saddened but, in all honesty, not shocked by the cases he raises. Such experiences are still far too common in both the social sector and the private rented sector. In particular, we know the health risk posed by damp and mould. That is one reason we have chosen to sequence the implementation of Awaab’s law in the way we have, as it will allow us to apply the protections to damp and mould earlier than would otherwise have been the case.”
“Local electors can hold local authorities accountable for all of the decisions they make. On infrastructure, I refer the hon. Member to my previous answer. However, local authorities should, as part of the local plan development process, have infrastructure strategies in place that set out the requirements for infrastructure and how they should be funded.”
“The hon. Member will forgive me, but I am not going to comment on the specifics of the case she raises. We are giving serious consideration to how we better utilise public land in general, particularly in areas with constrained land allocation such as her own.”
“We are working closely with the sector and talking through how we can best implement reforms such as Awaab’s law and our intended overhaul of the decent homes standard. As I said in a previous question, all resident providers of social housing are required to deliver the outcomes of regulatory standards that are set by the independent regulator. The independent regulator has powers at its disposal to identify when serious failings are taking place.”
“We are supporting a range of targeted interventions to deal with constraints such as nutrient neutrality. In the longer term, the measures in the Planning and Infrastructure Bill that introduce the nature restoration fund will allow us to provide a win-win for both development and nature, dealing with constraints such as nutrient neutrality and unlocking the development of new homes.”
“Those new routes can be used for developments only where clearly justified. Provisions in the Levelling-up and Regeneration Act require that applications can be accepted by the Secretary of State only if she deems that the proposed development is of national importance and, in the case of the urgent Crown development route, urgent.”
“The first route, referred to as Crown development, is for planning applications for Crown developments that are considered of national importance. Such applications are to be submitted to the Planning Inspectorate directly, instead of to local planning authorities. An inspector will consider and determine the application, unless the Secretary of State for Housing, Communities and Local Government recovers the application to determine herself. The second route is an updated urgent Crown development route, which will enable applications for nationally important developments that are needed urgently to be determined rapidly under a simplified procedure. Applications under the urgent route will be submitted to the Secretary of State for Housing, Communities and Local Government.”
“Recent experience, including the response to covid-19, has exposed that the existing route for securing planning permission on Crown land, namely the urgent Crown development route under section 293A of the Town and Country Planning Act 1990, which was introduced in 2006, is not fit for purpose. Indeed, it is telling that it has never once been used. Furthermore, Departments have struggled to secure local planning permission for nationally important public service infrastructure such as prisons. The Levelling-up and Regeneration Act 2023, passed by the previous Government in the last Parliament, made provision to address those challenges by providing two new routes for planning permission for Crown development in England.”
“It is a pleasure to serve under your chairmanship, Ms Lewell. The draft Town and Country Planning (Fees and Consequential Amendments) Regulations were laid before the House on 13 February. The draft Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 were laid before the House on 25 February. Let me set out in turn the reasons why we are bringing each set of regulations forward, and what they will provide for, starting with the draft Town and Country Planning (Fees and Consequential Amendments) Regulations. Planning is principally a local activity, but a well-established principle is that, in limited circumstances and where issues of more than local importance are involved, it is appropriate for the Secretary of State to make planning decisions.”
“The changes we are making to the CIL regime are also important to ensure that CIL can be charged on development in a consistent and fair way, even when the local planning authority is not the decision maker.”
“That ensures that fair financial contributions to local infrastructure are made by such development. Finally, some incidental and consequential amendments are made to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 to enable relevant information to be provided in relation to CIL where an application is made under section 62A. To summarise, the regulations are important in ensuring a more timely and proportionate process for dealing with planning applications for Crown development in England. The Government are taking steps to ensure that the routes are used appropriately, and that there is full scrutiny of the use of the powers.”
“The second set of regulations we are debating make changes to the Community Infrastructure Levy Regulations 2010. The changes will ensure that when development comes forward after it is granted planning permission through the Crown development route, such development can be liable to pay the community infrastructure levy if the local authority charges CIL in that area. In addition, under section 62A of the Town and Country Planning Act, applicants can apply to the Planning Inspectorate, acting on behalf of the Secretary of State, for a planning permission decision when an authority has been designated for poor performance. We are amending the CIL regulations to ensure that the levy can be charged on development that comes forward under this route if the local authority charges CIL in its area.”
“That letter will include details of where the application can be viewed and the next steps. The letter will also be deposited in the Libraries of both Houses. Secondly, when a decision is made on whether to grant planning permission, the relevant Members of Parliament will be sent another letter. That letter will also be deposited in the Libraries of both Houses. Finally, on an annual basis, the Secretary of State will publish a report of all decisions taken under the routes. Taken together, those steps will ensure that Members in the other House are properly appraised of any applications that relate to their constituencies. It also means that both Houses of Parliament will be provided the opportunity to consider and scrutinise the general operation of the routes.”
“They will set the procedures for the two routes and make further consequential changes to secondary legislation to reflect their implementation. We have published the instruments in draft ahead of the debate, in order to provide proper transparency about how the routes will operate. I reiterate that the Government are committed to ensuring proper transparency to Parliament at every stage when the routes are used. When the matter was considered in the Levelling-up and Regeneration Bill Committee, I stressed that point to the then Minister. The following are the ways in which we want to ensure that proper transparency takes place. First, where an application under any of the routes is accepted, the relevant Members of Parliament will be sent a letter.”
“The draft Town and Country Planning (Fees and Consequential Amendments) Regulations make amendments to primary legislation to reflect the two new Crown development routes. For instance, they amend references to planning permission set out in a range of pieces of legislation. They also remove references to the previous urgent Crown development route in section 293A of the Town and Country Planning Act, which now applies only in Wales. The instrument also sets the fee for an application for planning permission under both routes, set at the same fee, which would have been paid to the local authority. Following the statutory instrument coming into force, a further suite of statutory instruments will be made through the negative parliamentary procedure.”
“The new routes, as I said, can be used only for developments for which it is clearly justified, and provisions in the Levelling-up and Regeneration Act require that applications can be accepted by the Secretary of State only if she deems that they are of national importance and, in the case of the urgent Crown development route, urgent. I made a written ministerial statement on 13 February that set out the principles under which national importance and urgency will be determined. When submitting an application, applicants are required to set out the reasons why they consider that the development is of national importance and, in the case of urgent Crown development, needed as a matter of urgency.”
“That is mandated by section 293C(2)(a) of the Town and Country Planning Act 1990. In the draft regulations, we have made provision about the consultation procedure. While we appreciate the importance of community engagement, given the urgency with which decisions must be made, under the approach to consultation with the community in this process they will be assessed on a case-by-case basis. In circumstances in which decisions need to be made very quickly, it may not be possible to conduct a meaningful public consultation and reach an urgent decision. I hope that satisfies the hon. Member for Broxbourne on the different types of community engagement under both routes.”
“Only comments made during the consultation, the publicity period and the hearing that raise material planning matters will be taken into account as part of the decision-making process. The local planning authority will be consulted and will have a role to play in publicising the application. It will need to place the application and associated documents on its planning register. Where PINS—the Planning Inspectorate—does not have a local presence, the local planning authority will be required to affix site notices during the mandatory period and to notify those owners or occupiers who adjoin the site. For urgent Crown development, the other route that the Levelling-up and Regeneration Act provides for, the local planning authority will again be consulted as part of the application.”
“Let me deal with community engagement under both routes. With the Crown development route, community engagement will be a key part of the process. Communities will be fully engaged throughout. Much like an application submitted to a local planning authority, there will be mandatory consultation and publicity about the consultation for a minimum period of 21 days. That period will be 30 days if the development is one that requires an environmental impact assessment and is therefore an EIA development. That will enable members of the community to view and comment on the application. We expect that the majority of Crown development applications will be subject to a public hearing. Those who made comments will be notified when that is to take place. Interested parties may attend the hearing if the inspector allows it.”
“As I said, they will ensure that a clear and consistent approach is taken to the levy regardless of who the planning decision maker is. I hope that the Committee will welcome the regulations. Question put and agreed to. Draft Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 Resolved, That the Committee has considered the draft Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025. — (Matthew Pennycook.)”
“To that end, the applicant will need to demonstrate that the proposed development needs to be made operational to an accelerated timeframe and is unlikely to be feasible using other application routes, including the Crown development route, and will need to evidence the likely consequences of not securing a decision within the accelerated timeframe. I hope that answers all the points raised by hon. Members. The two new routes for planning permission that we seek to implement are necessary and timely, and these regulations represent a crucial step towards their delivery. The changes that we are making to the CIL regulations are equally important in order to maintain the integrity of the CIL charging regime.”
“Again, the Secretary of State will use the principles set out in the written ministerial statement. In these circumstances, the applicant will be required to provide a statement to accompany the application, setting out why they consider the development to be both nationally important and needed as a matter of urgency. The Secretary of State will accept applications through the urgent Crown development route only where the applicant can demonstrate that the proposed development meets both those conditions. Furthermore, the Secretary of State will consider something to be needed urgently only where the applicant can demonstrate the need for an expedited planning process.”
“The Secretary of State will, in general, consider a development to be of national importance only if the development would involve the interests of national security or foreign Governments; contribute towards the provision of national public services or infrastructure, such as prisons and border infrastructure, as I mentioned earlier; support a response to international, national or regional civil emergencies; or otherwise have significant economic, social or environmental effects on strong public interests at a regional or national level. It will obviously be for the applicant to set out evidence as part of the statement accompanying the application that demonstrates that at least one of those principles has been met. What is considered a matter of urgency will be determined on a case-by-case basis.”
“Last night, we had a long discussion about local plans and planning committees on Second Reading of the Planning and Infrastructure Bill, but it is a well-established principle that in limited circumstances it is necessary for the Secretary of State to make planning decisions where planning issues are of more than local importance. What is considered to be of national importance will be determined on a case-by-case basis. The Secretary of State will use the principles set out in the written ministerial statement that I mentioned when determining whether a proposal meets this bar.”
“As I set out comprehensively in the written ministerial statement issued on 13 February, both routes have important safeguards and transparency measures. That feature was not apparent at the time of the Levelling-up and Regeneration Bill Committee, and I pressed the then Minister on that point. I have worked very hard—it was very important to me—to ensure that important safeguards and transparency measures are in place so that people will know the rationale for where these powers and routes are used, and what safeguards will apply. Lastly, the hon. Member for Didcot and Wantage asked, I think, how we would define national importance and urgency, because there is a subjective element to that. The Government are obviously committed to a planning system in which decisions are made locally.”
“We are maintaining important environmental safeguards in both routes, which are subject to existing environmental impact assessment and habitats regulations assessment requirements. For example, where development is considered EIA development, accompanied by an environmental statement, there will be a requirement to publicise the application and consult specific bodies for no less than 30 days. Environmental impacts will remain a key consideration in whether planning permission should be granted. In the Crown development route, we are ensuring that development being brought forward is also subject to mandatory biodiversity net gain—namely, the permission must secure a 10% increase in biodiversity value. The shadow Minister, if I understood him correctly, raised transparency, as did other Members.”
“For urgent Crown development, it will again be for the Secretary of State to assess on a case-by-case basis what is nationally important and needed urgently on the basis of what has been submitted as part of the application. Again, it would be inappropriate for me to comment on specific schemes but we expect the urgent Crown development route to be used very rarely, where other planning application routes cannot be used to secure a decision quickly enough. It will be used only in cases where development needs to be put in place quickly, in a matter of days or weeks, and where the development is in the national interest. That may include, for example, medical centres, or storage and distribution for key goods and services in the event of a pandemic. The shadow Minister asked what environmental protections are in place.”
“It may also be used for defence-related development, as PINS is able to put in place special procedures to handle information dealing with matters of national security. Special provisions exist whereby the Secretary of State may issue a direction limiting the disclosure of information relating to matters of national security of a premises through section 321 of the Town and Country Planning Act 1990. The Crown development route may also be used for particularly sensitive or significant development being brought forward by or on behalf of the Crown. Let me be clear: we expect only a few applications to be submitted through this route each year.”
“I thank the shadow Minister, the hon. Member for Hamble Valley, for his constructive tone. I also thank the hon. Members for Taunton and Wellington and for Didcot and Wantage for their questions. The shadow Minister asked which cases the Crown development route and the urgent Crown development route would be used for. I will discuss each route in turn because they will have different applications. It will ultimately be for the Secretary of State to assess on a case-by-case basis what is deemed nationally important. Obviously, it would not be appropriate for me to comment on specific schemes. The Crown development route will most likely be used for HMG programme nationally important public service development. That would include but not be limited to new prisons or border infrastructure, to give just two examples.”
“Does the hon. Member accept that we have to keep the matter in perspective? Even under the most ambitious scenarios, solar farms would occupy less than 1% of the UK’s agricultural land. That is why the National Farmers Union president Tom Bradshaw stated in relation to the impact of solar projects on food security that it is important not to be “sensationalist”.”
“The hon. Gentleman was here in the last Parliament. Does he remember that, in their attempt to undo the problem of nutrient neutrality, the previous Government sought to disapply the habitats regulations entirely? Is that the approach that he would prefer we take?”
“Gentleman that a party that declared in its manifesto only last year that it was committed to “Increasing building of new homes to 380,000 a year” should be getting behind this legislation, not seeking to block it. I sincerely hope that, even at this late stage, the Liberal Democrats will reconsider their position.”
“Members who, while professing support in principle for the intentions of the Bill, nevertheless alighted on a range of flawed and in some cases spurious reasons why they oppose it. I am saddened to say that among the most glaring examples of that approach was the speech made by the hon. Member for Taunton and Wellington (Gideon Amos), whose party’s reasoned amendment was not selected. While I appreciate fully his need to manage the discordant voices on his own Benches when it comes to housing and major infrastructure, the arguments he made were both confused and disingenuous. This Government wholly reject his claim that the Bill will not result in the ambitious delivery of the infrastructure and housing the country needs. I say gently to the hon.”
“It is a real pleasure to close this Second Reading debate for the Government, and I thank all hon. and right hon. Members who have participated in it. Not unexpectedly, it has been a debate of contrasts. On the one hand, we have had the privilege of listening to a large number of well-informed and thoughtful contributions from hon. Members who agree with the main principles of the Bill. In a crowded field, I commend in particular the excellent speeches made by my hon. Friends the Members for Barking (Nesil Caliskan), for Northampton South (Mike Reader), for Basingstoke (Luke Murphy), for Welwyn Hatfield (Andrew Lewin), for Erewash (Adam Thompson), for Kensington and Bayswater (Joe Powell) and for Milton Keynes North (Chris Curtis). Set against those, we were subjected to a series of contributions from hon. and right hon.”
“Many public bodies with statutory powers have compulsory purchase powers, including local authorities and—as he of all people should be aware—health service bodies, as well as some executive agencies, such as Homes England. I want to touch on planning committees before concluding. Several hon. Members raised concerns over our plan to modernise them; indeed, some suggested that our reforms are tantamount to removing democratic control from local people. That is simply not the case. The shadow Secretary of State asserted that residents would lose the opportunity to object to a planning application, which is incorrect. People will still be able to object to individual applications in the way they can now.”
“Member for North East Cambridgeshire (Steve Barclay) raised concerns about the CPO powers given to Natural England. If we are going to be successful in delivering a win-win for nature and the economy through the Planning and Infrastructure Bill, it is vital that Natural England has sufficient powers to deliver the conservation measures required. Compulsory purchase is just one tool, and we would expect Natural England to consider using such powers as a last resort, subject to appropriate scrutiny and oversight, including ultimate authorisation by the Secretary of State. More broadly, the nature restoration fund will provide opportunities for landowners to work with Natural England to drive nature recovery, improving our green spaces for generations to come. I say to the right hon. Gentleman that this is not a radical change.”
“That is why, at the Bill’s introduction, we saw a range of voices welcoming the new approach it brings to unlocking a win-win for development and nature. The shadow Secretary of State raised concerns about how quickly we will be able to implement environmental delivery plans. We are confident we can get EDPs in place fast. That is why we have been clear that we want to see the first EDPs prepared alongside the Bill and operational for developers to use shortly after Royal Assent. We are also looking for opportunities to provide up-front funding so that we can kick off action in advance of need, with costs recovered as development comes forward, which will allow us to get shovels in the ground and unlock homes and infrastructure more quickly. Lastly, the right hon.”
“Thirdly, we will allow impacts to be dealt with strategically in exchange for a financial payment, so development can proceed more quickly. Project-level assessments are then limited only to those harms not dealt with strategically. To those hon. Members who raised concerns that the provisions will have the effect of reducing the level of environmental protection of existing environmental law, I assure them that that is not the case, something attested to by the section 20 statement on the face of the Bill in the name of the Deputy Prime Minister. Our reforms are built around delivering overall positive outcomes for protected sites and species, and are the result of significant engagement across the development sector, environmental groups and nature service providers.”
“Many hon. Members touched on the nature restoration fund. We are fully committed to making sure development contributes to nature’s recovery, delivering a win-win for nature and the economy. We will be taking three steps to deliver on our new approach. First, responsibility for identifying actions to address environmental impacts will be moved away from multiple project-specific assessments in an area to a single strategic assessment and delivery plan. Secondly, more responsibility for planning and implementing strategic actions will be moved on to the state, delivered through organisations with the right expertise and the necessary flexibility to take actions that most effectively deliver positive outcomes for nature.”
“Member for Huntingdon (Ben Obese-Jecty), ensure that the NSIP regime is firing on all cylinders. I want to make it clear that the measures in the Bill are not the limit of our ambitions on streamlining the NSIP regime. In particular, I noted the calls from several hon. Members to consider addressing the significant elongation of pre-application periods resulting from the way in which statutory procedures are now being applied. This is an issue to which the Deputy Prime Minister and I have already given a significant amount of thought, and I commit to giving further consideration to the case for using the Bill to address statutory requirements that would appear to be no longer driving good outcomes. I can assure those hon. Members that the Government will not hesitate to act boldly if there is a compelling case for reform in this area.”
“Members, underpinning consents has been getting longer and in too many instances now runs to tens of thousands of pages. Alongside an increase in legal challenges, uncertainty about meeting statutory requirements has led to greater risk aversion and gold plating throughout the whole process. The costs of delays obviously increase the costs of projects, and those costs are ultimately passed on to taxpayers for public infrastructure and bill payers or customers for private infrastructure. The measures in the Bill will provide for a faster and more certain consenting process, stripping away unnecessary consultation requirements that do nothing to improve applications or meaningfully engage communities. They will, to use the phrase used by the hon.”
“Members made a variety of points covering issues such as national policy statements and judicial review, but most of the contributions focused in on the changes the Bill will make to consultation requirements for nationally significant infrastructure projects. As the House will be aware, the NSIP planning regime was established through the Planning Act 2008 to provide more certainty on the need for nationally significant projects. In its early years, the system worked well. However, its performance has sharply deteriorated in recent years, at a time when the need for it has increased dramatically. In 2021, it took, on average, 4.2 years for a project to secure development consent, compared with 2.6 years in 2012. The documentation, as has been referred to by a number of hon.”
“The Bill is transformative. It will fundamentally change how we build things in this country. In so doing, it will help us to tackle the housing crisis, raise living standards in every part of the country and deliver on our plan for change. During the five hours we have debated the Bill, an extremely wide range of issues has been raised. I have heard all of them and I will seek to respond to as many in the time available to me, but I will not be able to cover all of them. I will therefore deal with the main themes and issues that have been raised in the course of the debate. I will begin, if I may, with the various points made in relation to nationally significant infrastructure.”