Planning and Infrastructure Bill - Committee (8th Day) (Continued) – in the House of Lords at 3:45 pm on 17 September 2025.
Baroness Hayman of Ullock:
Moved by Baroness Hayman of Ullock
248A: Clause 55, page 92, line 13, leave out subsection (5) and insert—“(5) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.(5A) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 76(4)(a)).”Member's explanatory statementThis Amendment would require Natural England to include backup conservation measures in an EDP, in case the primary ones prove to be ineffective, and to specify the circumstances in which the backup measures will be implemented. (See also my amendment to clause 76 inserting a new subsection (4) about monitoring.)
Baroness Hayman of Ullock
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
My Lords, this group covers further government amendments to bring confidence that the nature restoration fund will deliver the improved outcomes for nature that are at the core of the model. At its introduction, the Bill provided the ability for Natural England to include back-up conservation measures within an EDP which could be used if the initial conservation measures were not delivering the desired outcome.
Reflecting the original intent that these back-up measures would be used where necessary, Amendment 248A makes it mandatory for an EDP to include back-up measures as well as explicitly requiring Natural England to monitor the effectiveness of conservation measures so that it knows when it is necessary for these to be deployed. In addition, government Amendment 298ZA bolsters the duty of the Secretary of State to carry out remedial measures. Should the end-point report or the report following revocation contain an assessment that conservation measures are not likely to or have not passed the overall improvement test, this amendment requires the Secretary of State to take proportionate action to address any shortfall in environmental outcomes, whether the EDP is revoked or it reaches the end date.
Finally, the amendments make a series of minor legislative fixes and consequential amendments necessary for the correct operation of the legislation following these substantive government amendments. I hope that the Committee will support these amendments, and I beg to move.
Lord Roborough
Shadow Minister (Environment, Food and Rural Affairs)
My Lords these amendments brought forward by the Minister draw attention to a crucial point: environmental delivery plans, if they are to carry weight and deliver real outcomes, must be more than static documents. Amendment 248A rightly calls for contingency measures, back-up conservation actions that can be triggered if the initial interventions fall short. That is not only prudent but essential if we are to treat the environmental promises made in an EDP with the seriousness they deserve. Likewise, the amendments proposing a clear duty on the Secretary of State to act where an EDP fails the overall improvement test, together with publication requirements, are in my view sensible and measured. If the regime is to maintain public confidence, there must be accountability when delivery falters.
The environmental delivery plan must not be a one-shot deal; it must be an adaptive instrument capable of responding to what monitoring reveals and supported by a credible remedial pathway if things go wrong. These proposals help to strengthen that architecture, and I hope that the Government will give them serious and constructive consideration.
Baroness Hayman of Ullock
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs
I thank the noble Lord for his supportive comments. I do believe these amendments show we have been listening to concerns. I beg to move.
Amendment 248A agreed.
Lord Gardiner of Kimble
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, The Senior Deputy Speaker, Chair, Standing Orders (Private Bills) Committee (Lords), Chair, Standing Orders (Private Bills) Committee (Lords), Chair, Committee of Selection (Lords), Chair, Committee of Selection (Lords), Chair, Liaison Committee (Lords), Chair, Liaison Committee (Lords), Chair, Hybrid Instruments Committee (Lords), Chair, Hybrid Instruments Committee (Lords), Chair, Procedure and Privileges Committee, Chair, Procedure and Privileges Committee, Chair, Sub-Committee on Leave of Absence, Chair, Sub-Committee on Leave of Absence
My Lords, I am unable to call Amendment 248B by reason of pre-emption.
Amendment 248B not moved.
Amendment 249 not moved
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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.
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