Planning and Infrastructure Bill - Committee (3rd Day) – in the House of Lords at 5:45 pm on 1 September 2025.
Lord Fuller:
Moved by Lord Fuller
82A: Clause 25, page 34, line 38, at end insert—“10Q Long duration electricity storage: safety(1) The Authority must ensure that the scheme established by section 10P includes measures to be taken by LDES operators (as defined by that section) to reduce fire risk and protect public safety.(2) The scheme must ensure that before installing long duration electricity storage, LDES operators consult the local fire authority who must assess the fire risk posed by the installation.(3) The LDES operator must pay the local fire authority a reasonable fee for their assessment of the fire risk under subsection (2).(4) The Secretary of State may, by regulations made by statutory instrument, define a “reasonable fee” for the purpose of this section.(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”Member’s explanatory statementThis Amendment seeks to ensure that proposals for long duration energy storage systems, which may contain flammable batteries and equipment, are designed in consultation with the local fire authority to minimise fire risk and protect public safety.
Lord Fuller
Conservative
My Lords, I will not detain the Committee greatly with this Amendment. It seeks to ensure that, when electricity storage systems are planned, it is with the full knowledge and consent of the local fire authority, so that fire and public safety risks are understood and mitigations are put in. Surprisingly, there is no duty for promoters of these schemes to consult the local fire authority, so my amendment would correct that omission.
As the grid is reinforced, the ability to stabilise and isolate the electricity supply from surges and shocks is essential, and a number of short-term and long-term technologies exist to smooth the path of electricity from the generator to the consumer. The people of the Iberian peninsula will attest to the consequences of failing to have network stabilisation in place, especially when dashing for renewables. Some of these smoothing technologies contain highly flammable materials such as lithium. Hydrogen is another but, given the time constraints today, I will focus on the lithium side for the purposes of proving the point.
Not a day goes by without a fire being caused by a lithium battery. The noble Lord, Lord Redesdale, is promoting a Lithium-ion Battery Safety Bill; this does not seek to trespass on that, but it demonstrates that fires caused by batteries are a thing. The issue is clear: when a lithium battery, for example, catches fire, huge quantities of water are required to extinguish it. Your Lordships will recall the car-based conflagration at Luton Airport, where the multi-storey car park was totally consumed. Whether or not that fire was started by an electric vehicle, once it took hold the batteries in those cars quickly made the fire unfightable for longer—more so than had petrol or diesel alone been involved.
The dangers are further illustrated by the number of fires in bin lorries. Even a small computer battery can consume an entire refuse freighter. Airline passengers are now routinely warned about the dangers of phone batteries catching fire and imperilling the whole aircraft in an inextinguishable blaze. Imagine the scale of the flames if an entire grid-scale battery storage facility caught alight.
This issue needs to be taken seriously, and the Bill as drafted fails to do so. It just glosses over the consequences of failures in long-term and short-term energy storage, including large-scale battery systems—especially those storing huge electrical capacity and containing flammables. You do not need to be a bright spark to realise that an electrical spark can spell danger.
Many of the proposed LDES and BESS schemes are in the countryside, where the existence of fire hydrants is limited. Rivers and ponds may be far away across the fields or along narrow lanes. Water carriers may be miles away and, during a dry period, deep-seated and hard-to-fight fires can spawn secondary blazes that can run wild across a whole area. In towns, the proximity of businesses, schools, homes and buildings adds a further dimension of public safety to the mix. In both cases, consideration of the leakage of lithium, in particular to the underlying aquifer, from the firefighters’ runoff water is essential.
Of course, there are other risks: the availability of water carriers, of appliances and of specialist equipment in areas which may be staffed by part-time retained firefighters are just a few. This amendment would therefore enforce a duty for an applicant for an energy storage facility and the local fire authority to fully assess the risks, including fire and public safety, and to pay a reasonable fee to do so. If the Government resist this stipulation, we risk damage from uncontrollable fires to people, property, businesses and the environment at significant cost to the wider taxpayer and local government—costs which should be borne by the developer.
I have had representations from councils that the costs of providing water storage lagoons, additional appliances and staffing should be fully borne by the applicant, not the taxpayer. I have not gone that far with this amendment, but I wonder whether the Minister would meet me to explore this if other noble Lords feel that it is a good idea, in which case I would consider bolstering this proposal on Report. For the moment, if we just take the issue of fire safety for these high-value, high-consequence electricity storage systems, we would be doing not just this House but society a favour. I beg to move.
Lord Roborough
Shadow Minister (Environment, Food and Rural Affairs)
My Lords, Amendment 82B in my name would require the Government to evaluate and report on how this legislation affects the UK’s capacity for long-duration electricity storage. Clause 25 outlines the introduction of a scheme intended to stimulate investment in long-duration electricity storage. Yet, as with any initiative of this scale, we must pair aspiration with scrutiny. It is one thing to launch a scheme, but quite another to ensure that it is fit for purpose.
We hear regularly that storage will solve the challenge of intermittent renewables. It is a reassuring narrative that excess wind and solar can simply be stored away, ready for when needed, but that message risks masking the scale of the task ahead. To get the facts straight, the UK’s average electricity consumption is around 780 gigawatt hours per day. Current grid-scale battery storage stands at roughly 12 gigawatt hours, enough to meet national demand for just 30 minutes. On a global scale, the picture is not much better. All the batteries in the world combined could keep the UK powered for less than a day.
Storage is not futile. However, we must acknowledge that we are starting from a very low base. We must also ensure that any storage added to our energy infrastructure does not undermine grid stability and that it is available to release power in the timeframe needed. This could be seconds for battery through to hours for pump storage. My amendment seeks to ensure transparency. We need regular reporting to Parliament on whether the measures we are introducing are expanding our storage capacity at the pace required.
Moreover, as we look to scale up these technologies, safety must be a central concern. My noble friend Lord Fuller rightly highlights the risks associated with high-capacity storage, particularly lithium-based battery systems. These systems often contain highly flammable materials and, when they fail, the consequences can be catastrophic. Fires involving lithium-ion batteries are notoriously difficult to control and demand vast quantities of water to extinguish. In rural areas, where many of these installations are proposed, access to that water is limited. Climate change and restrictions on the preventive burning of fuel load in wild environments are leading to greater wildfire incidence and severity. In urban settings, proximity to homes, schools and critical infrastructure raises additional risks. We must ensure that local fire services are not only consulted but properly resourced to assess and manage these risks. Any developer seeking to install large-scale storage must be required to engage with emergency services and contribute fairly to risk assessments and preparedness.
We must also consider the environmental impacts. In the event of a fire, runoff containing hazardous materials could seep into groundwater or flow into rivers. This is not just a fire safety issue; it is a matter of public health and environmental protection. We cannot afford to be complacent. As our electricity system becomes more complex and decentralised, so too do the risks. It is the responsibility of this House to ensure that those risks are identified, assessed and addressed. Long-duration energy storage may be a useful addition to our energy mix. However, we cannot rely on this technology alone to support our renewable future.
Earl Russell
Liberal Democrat Lords Spokesperson (Energy and Climate Change)
My Lords, I will respond briefly to this group of amendments on long-duration energy storage. We thank the noble Lord, Lord Fuller, for bringing forward Amendment 82A. These are important topics. While long-duration energy storage facilities are essential to the energy transition and have a very high safety record, they are still an emerging technology and it is right that we seek to balance planning and safety regulations with the need to build these facilities. To be clear, a number of the fires that he referred to were from individual batteries and not big long-duration energy storage facilities. As far as I am aware, there have been only two such fires in the UK. These big long-duration energy storage facilities have a very strong safety record.
However, it is true that UK fire and rescue services have described BESS and long-duration energy storage facilities as an emerging risk, noting that when these fires occur, they can last for hours or days and produce toxic emissions. I am grateful to the noble Lord for bringing forward this amendment, as it rightly highlights the critical importance of the safety of long-duration energy storage as we accelerate towards our energy transition.
The amendment would establish a specific statutory duty requiring operators of long-duration energy storage systems to consult local fire authorities prior to installation, with the authority empowered to assess fire risks and levy a reasonable fee for doing so. On the face of it, I recognise the merits of such an approach. These can pose material risks and it is important that the fire brigade is involved and included in some of these planning decisions. It is also important that our fire services are aware of and prepared for particular hazards and have clear plans to deal with them should anything untoward happen. That being said, there are questions as to whether a statutory provision of this kind is the right or appropriate mechanism at this stage. A number of regulatory avenues already apply, including planning law, the Health and Safety at Work etc Act, and general fire safety legislation. The Government have also indicated their intention to update planning and permitting frameworks, considering the rapid growth of battery storage technologies. It is absolutely right that they do so.
My question really is directed to Ministers. I think it is for the Government to set out their vision for long-term regulatory and planning frameworks for long-duration energy storage. To be clear, a statutory provision is not necessarily the only option, or even the best option. While I thank the noble Lord for bringing his amendment, I am keen to hear from the Government what they plan to do on this topic. I would like to know what conversations they are having with the fire authorities and what the general plan is to go from here.
When I read Amendment 82B in the name of the noble Lords, Lord Offord of Garvel and Lord Roborough, I was not against it but questioned why they particularly wanted to bring it forward. The noble Lord has clarified that it is basically seeking to monitor and get a sense of what is happening with the introduction of this long-duration energy storage. Recently, we had the House of Lords report on this, and it is an important part of our energy transition and the stability of our network. To be clear, this was not in any way the cause of the fire in the Iberian peninsula. The noble Lord, Lord Roborough, says that there should be a five-year reporting mechanism. I ask him whether that needs to be shortened. I am not against his amendment, but, considering we are to have clean power for 2030, to be effective we would really need a yearly reporting mechanism. With that, I welcome both amendments.
Baroness Bloomfield of Hinton Waldrist
Shadow Minister (Wales), Opposition Whip (Lords)
6:00,
1 September 2025
My Lords, Amendment 82B from my noble friends Lord Offord of Garvel and Lord Roborough would require the Secretary of State to report on the impact of this Bill on the UK’s long-duration electricity storage capacity. It is both reasonable and necessary. The new Clause in Clause 25 makes reference to a scheme designed to encourage the development and use of long-duration electricity storage installations, but, as with any major Intervention in our energy system, it is essential that we couple ambition with accountability. That is precisely what this amendment seeks to ensure.
The case for energy storage is seemingly clear. All sides of this Committee recognise the need to address the intermittency of renewable sources, particularly wind. Storage is seen as part of that solution, but we must be realistic about the scale of the challenge. We are often told that battery storage will save us; that it will plug the gap when the wind does not blow. But let us look at the numbers. The UK’s average daily electricity demand is 780 gigawatt hours. Our current battery storage capacity is roughly 12 gigawatt hours, which would keep the lights on for approximately 30 minutes. Globally, total battery storage is around 369 gigawatt hours—enough to power the UK for barely a day. This is not to dismiss the importance of innovation nor the promise of new technologies but to say we must deal in facts. We must measure progress and we must understand whether the scheme we are legislating for is delivering results. The requirement to report to Parliament on the impact of this Bill in this crucial area is not bureaucracy; it is oversight and it is responsible governance.
I now turn briefly to Amendment 82A, tabled by my noble friend Lord Fuller, which addresses the important and growing issue of fire safety in relation to long-duration electricity storage systems. However, I should say not all long-duration energy storage systems—and I think I can probably justify squeezing in another Welsh reference here to First Hydro’s schemes at Dinorwig and Ffestiniog power stations and the proposed Dorothea pump storage scheme, none of which will cause safety or fire issues.
As we move towards decarbonising our energy grid and increasing our reliance on renewable sources, long-duration energy storage is set to play an increasingly central role in stabilising supply and ensuring resilience. These technologies, whether battery-based, thermal or otherwise, are argued to be essential to the UK’s clean energy future. But with innovation comes responsibility, and we must be alert to the safety implications that accompany some of these new forms of infrastructure.
Amendment 82A rightly recognises that some forms of long-duration energy storage, particularly those involving large-scale batteries or other flammable components, pose inherent risks, especially in the event of fire. These are not theoretical concerns. We have seen incidents, both here and internationally, where energy-storage sites have suffered fires that require significant emergency service intervention and in some cases posed serious threats to nearby communities. This amendment seeks to introduce a sensible precaution that proposals for such technologies should be developed in consultation with the local fire and rescue authority. This would help ensure that any fire risks are assessed and mitigated early in the planning process and that emergency services are properly informed and prepared should an incident occur. As we roll out more of these systems in urban and rural settings alike, that reassurance will be crucial not just for planning authorities and operators but for the public.
This is a pragmatic and proportionate amendment. It reflects legitimate public concern and supports our wider objectives without compromising safety. I look forward to hearing the Minister’s response and, I hope, his assurance that public safety and fire risk will remain at the forefront of policy and operational planning as we deliver the energy infrastructure of the future.
Lord Khan of Burnley
Parliamentary Under-Secretary (Housing, Communities and Local Government)
My Lords, Amendment 82A, tabled by the noble Lord, Lord Fuller, seeks to require long-duration electricity storage—LDES—operators to consult local fire authorities to assess the project’s fire risk before installation. I want to assure the noble Lord that this Government take fire safety extremely seriously, but we do not feel this amendment is necessary or proportionate, and it risks unintended consequences. I personally want to say to the noble Lord that, since fire has come from the Home Office into MHCLG, I have the ministerial responsibility for fire, and the noble Lord is welcome at any time to drop me a line to discuss anything related to this point or any concerns around fire safety.
The Health and Safety Executive regulates battery-energy storage system—BESS—sites within a robust framework that mandates battery designers, installers, and operators to uphold high safety standards. Our planning practice guidance encourages developers of BESS sites to engage with local fire and rescue services prior to the submission of their planning application and to consider the National Fire Chiefs Council’s guidance, so that matters relating to fire safety can be considered at the outset. However, we are going to go further than this. The Government are considering additional measures to enhance the regulation of the environmental and safety risks of BESS. Defra recently published a consultation on proposed reforms to environmental permitting for industry, including the principle of including BESS in scope of the environmental permitting regulations. This would give further safeguards for both people and the environment.
This amendment would add burdens to local fire and rescue services. Further changes to the long-duration electricity storage cap and floor scheme would add complexity to the system, which would lead to increased cost and time for the applicant. I hope that the noble Lord, Lord Fuller, is satisfied with my response, and I kindly request he withdraws his amendment.
Amendment 82B, tabled by the noble Lords, Lord Offord of Garvel and Lord Roborough, requires the Secretary of State to report to Parliament on the impact of the Planning and Infrastructure Act on the UK’s long-duration electricity storage capacity within five years of it being passed. I want to assure the noble Lords that this Government are committed to monitoring the development of the UK’s long-duration electricity storage capacity, as well as our wider clean power 2030 ambitions. Ofgem is proceeding at pace with the delivery of the first window of the cap and floor regime, and expects to announce final decisions on successful projects, in both the 2030 and 2033 delivery tracks, in the second quarter of next year. Ofgem will remain closely involved in monitoring delivery of those projects, and information on their features and progress will of course be made public at the appropriate stage, as they would be for any other major generation projects.
The Government publish statistics on the UK’s electricity storage capacity annually in the Digest of UK Energy Statistics—DUKES. This currently includes pumped storage hydro and grid-scale batteries. Other types of LDES will be added to the publication when they become operational. The Government also have a statutory duty to report on their carbon budget progress under the Climate Change Act 2008. For instance, the Act requires the Climate Change Committee to provide an annual report to Parliament on the UK Government’s progress in reducing greenhouse gas emissions, and we would expect future reports to include all relevant and significant developments in this regard, including those on delivery of the LDES cap and floor. The Government have a statutory duty to lay their response to the Climate Change Committee’s progress report before Parliament.
Given these existing monitoring and reporting commitments, this amendment to create additional reporting requirements is not necessary. I trust that the noble Lords, Lord Offord and Lord Roborough, are satisfied with our responses and I therefore kindly ask them not to press their amendments.
Lord Berkeley
Labour
My Lords, the news that my noble friend has given us about the further checks and balances and reports on fire safety are very encouraging. However, the noble Lord, Lord Fuller, raised the question of the fire on top of the multi-storey carpark in Luton. There was a similar incident—just as bad, if I may say so—on a ship, somewhere between the Netherlands and the UK, which was carrying several hundred cars with these batteries. Apparently, the ship set itself on fire and the cars set each other on fire, and it was very lucky that nobody was hurt, because there was no way to put out the fires. I think the ship sank in the end.
My concern, to which I am sure my noble friend can respond, is that all these new reports are very useful, but what is missing is some transparency as to what actually happened. What happened on the roof of Luton airport carpark? We do not really know. Everybody denies that it was anything to do with lithium ion, but most people think that it probably was and that the then Government said nothing because they did not want to upset people. I hope my noble friend will agree that transparency is a very important part of the ongoing work.
Lord Khan of Burnley
Parliamentary Under-Secretary (Housing, Communities and Local Government)
Let me reassure my noble friend that transparency is absolutely important in this situation. Both my noble friend and the noble Lord, Lord Fuller, provided examples; of course, it would be remiss of me to comment on them, but I am sure there will be some investigation and learning from them. If the point is to go away and find out what lessons have been learned, and look at them as part of our transparency, it is a good one and I accept it.
Lord Fuller
Conservative
My Lords, we have had an interesting, brief debate which actually had a few twists and turns. The Minister asked me whether I was satisfied with his response and I regret to say that I am not satisfied at all, for reasons I will give in a moment. Before that, I will deal with the interventions from the noble Earl, Lord Russell. I was not sure whether he was for or against this Amendment, but I regret that he fatally undermined the Lithium-ion Battery Safety Bill, brought forward by his noble friend Lord Redesdale, which now must be pointless from the Liberal Democrats’ point of view. I would have thought he would have been standing full square behind my amendment, which highlights the dangers of lithium.
The noble Baroness, Lady Bloomfield, quantified the value of battery storage in terms of amp hourage and capacity. However, the value of battery storage is not necessarily purely in the storage capacity; it is in the smoothing of voltages at an aggregate level, across a whole grid, and maintaining the hertz. It is a difference of only 0.2 hertz in the Iberian catastrophe that caused the contagious knock-on effect that brought down the entire grid in Iberia, in Spain and Portugal. So we must not look at battery storage in terms not only of current but of stability.
The noble Lord, Lord Roborough, was very good in talking about what happens about all the batteries in the world. Of course, my concern is whether we have all the water in the world to put out these fires if they start—of course, I accept the pump storage sits aside from this, in the Dinorwigs and other things.
This is a probing amendment, but I am not satisfied at all with the Minister’s response. He might want to dwell on the fact that the HSE has this desktop analysis; in advance of an application at the formative stages, it might do a desktop study. But it does not have the practical task of putting out these conflagrations when they catch fire. With huge amounts of stored electricity, fires are common, and when they happen, they are catastrophic. The noble Lord, Lord Berkeley, referred to the ship that sank off Holland; over 3,000 cars went down with it. It burned for days and the hull glowed white-hot—and that was at sea.
Once this thing gets going, it is really important to sort it out. I do not accept for a moment that the HSE is the competent authority to put out these fires. The Minister referred to applying additional burdens on fire authorities if we go through this process. It is the fire authorities in Norfolk and Essex that have asked me to raise this issue, because there is no statutory duty for the promoters to consult them. They are concerned about it; they have public, fire and environmental safety at the forefront of their minds. The law does not permit them to execute what they consider to be their statutory duties.
I reassure the Minister that I will withdraw this amendment because we are in Committee, but the more this debate has gone on, the more I feel that a meeting to progress this is important. At a later stage, who knows, we may wish to test the view of the House. I hope we can meet later on this matter. In the meantime, I withdraw my amendment.
Amendment 82A withdrawn.
Clause 25 agreed.
Amendment 82B not moved.
Clause 26: Benefits for homes near electricity transmission projects
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
The house of Lords is the upper chamber of the Houses of Parliament. It is filled with Lords (I.E. Lords, Dukes, Baron/esses, Earls, Marquis/esses, Viscounts, Count/esses, etc.) The Lords consider proposals from the EU or from the commons. They can then reject a bill, accept it, or make amendments. If a bill is rejected, the commons can send it back to the lords for re-discussion. The Lords cannot stop a bill for longer than one parliamentary session. If a bill is accepted, it is forwarded to the Queen, who will then sign it and make it law. If a bill is amended, the amended bill is sent back to the House of Commons for discussion.
The Lords are not elected; they are appointed. Lords can take a "whip", that is to say, they can choose a party to represent. Currently, most Peers are Conservative.
An intervention is when the MP making a speech is interrupted by another MP and asked to 'give way' to allow the other MP to intervene on the speech to ask a question or comment on what has just been said.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.