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Development consent orders

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Lords report stage fourth day. Amendments 163A, 163B and 168 agreed to. Amendment 182A disagreed to on division (52 to 113). Amendment 183A disagreed to on division (50 to 115). (Part 3 of 3).

Lead member
Lord Wilson of Sedgefield; Baroness Taylor of Stevenage
Answering member
Lord Blencathra; Baroness Bloomfield of Hinton Waldrist; Lord Roborough
Department
Ministry of Housing, Communities and Local Government
Type
Debates on bills
Date
29 October 2025
Reference
849 cc1453-1486
House
House of Lords

Moved by

Lord Lansley

158A: Clause 62, page 97, line 36, at end insert “, subject to subsection (2A).

(2A) An EDP can be amended if the following conditions are met—

(a) the EDP applies to a development with multiple developers,

(b) a commitment to pay the levy by one or more of those developers...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1453
House
House of Lords

My Lords, this group consists of amendments relating to the circumstances under which the levy for the nature restoration fund should be made mandatory. The Minister may recall that, in Committee, this was not the subject of an amendment or substantive debate but of an exchange to try to better...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 cc1454-5
House
House of Lords

My Lords, I have been sitting for the last eight minutes next to my noble friend Lord Lansley, and I am slightly concerned by what he said. He accurately painted a picture that shows that there will be a drift, an expectation and a move by Natural England towards mandation...

Member
Lord Fuller (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 cc1455-6
House
House of Lords

My Lords, I will speak in support of my noble friend Lord Lansley’s Amendments 158A and 164A, which seek to understand why the nature restoration levy may be mandatory. That would appear to go against the sense of the whole of Part 3, which is supposed to offer an alternative...

Member
Lord Roborough (Conservative; Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1456
House
House of Lords

My Lords, I will speak very briefly, just in case there is a move to test the opinion of the House on Amendment 164 in the name of the noble Lord, Lord Roborough. While we understand

the intent behind the proposal, we on these Benches are not persuaded that removing...

Member
Baroness Grender (Liberal Democrat)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1456
House
House of Lords

My Lords, this group of amendments seeks to examine the circumstances in which an environmental delivery plan, and the associated levy payment, could be mandatory. Amendment 164, in the name of the noble Lord, Lord Roborough, would wholly remove the option for an EDP to be mandatory. Amendment 164A, in...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 cc1457-8
House
House of Lords

I am grateful to the noble Lords for their contributions to this debate; it is a really important one. What the Minister said certainly added something new in terms of the operation of the viability test as a way of mitigating the risk that the mandatory levy would put developers...

Member
Lord Lansley (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1458
House
House of Lords

Moved by

Lord Banner

163A: Clause 66, page 101, line 39, leave out “, at any time before development commences,”

Member’s explanatory statement

This amendment would enable developers to use an EDP after development commences, for example, in cases of applications for alteration of planning conditions, planning applications for developments already carried out or...

Member
Lord Banner (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1459
House
House of Lords

Moved by

Baroness Taylor of Stevenage

168: Schedule 4, page 171, line 28, leave out “section 126 of the Marine and Coastal Access Act 2009” and insert “—

“(a) section 125 of the Marine and Coastal Access Act 2009 (general duties of public authorities in relation to MCZs) insofar as it applies to...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1459
House
House of Lords

Moved by

Lord Curry of Kirkharle

182A: Clause 76, page 110, line 3, leave out subsections (3) to (5) and insert—

“(3) Natural England must pay another person to take conservation measures with regard to its duties under subsection (1)(b), or to monitor EDPs with regard to its duties under subsection (1)(c).

(4) Before...

Member
Lord Curry of Kirkharle (Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 cc1460-1
House
House of Lords

My Lords, I have listened very carefully to the Minister’s response. I do not think it took us forward, and it does not move us on. I am still deeply concerned about the ability of Natural England to deliver this, so I would like to test the opinion of the...

Member
Lord Curry of Kirkharle (Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1461
House
House of Lords

Moved by

The Earl of Caithness

183A: Clause 77, page 110, line 19, after “unless” insert “21 days’”

Member’s explanatory statement

This amendment, and another in the name of the Earl of Caithness to clause 77, seeks to ensure that both statutory undertakers and private individual land managers are given equal treatment as regards...

Member
Earl of Caithness (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1461
House
House of Lords

My Lords, I will also speak to Amendment 183B in my name. These are identical amendments to those tabled in Committee, when, as one will find in Hansard at col. 2327 on Wednesday 17 September this year, the Minister gave some encouraging words to me. It was one of the...

Member
Earl of Caithness (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1461
House
House of Lords

My Lords, I must say, I smiled when the Bill first came out and I saw this clause. It shows an extraordinary lack of understanding of rural life. Someone working for Forestry England, which is probably the statutory undertaker most likely to be affected, will visit his forests probably three...

Member
Lord Cameron of Dillington (Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1463
House
House of Lords

My Lords, I speak in support of both amendments in the name of my noble friend Lord Caithness, to which I have added my name. The arguments were made powerfully and comprehensively in Committee and well summarised by the noble Lord, Lord Cameron of Dillington. Farmers, in particular, should be...

Member
Lord Roborough (Conservative; Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1463
House
House of Lords

My Lords, before I respond to the specific amendments, I apologise for any discourtesy to the noble Earl, Lord Caithness. I take responsibility for that myself. Although he was kind enough to say that it was not my fault, it is always down to the Minister to make sure that...

Member
Baroness Taylor of Stevenage (Labour)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 cc1463-4
House
House of Lords

My Lords, I am grateful to the Minister for her opening remarks and for taking responsibility for the inefficiency of her officials. The rest of her remarks do not please me so much; I am very disappointed. There is no different argument to what was used in Committee. I just...

Member
Earl of Caithness (Conservative)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1464
House
House of Lords

Moved by

Lord Roborough

191: Leave out Clause 83

Member
Lord Roborough (Conservative; Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1466
House
House of Lords

My Lords, I did ask the Minister whether she might reflect on the debate we had earlier, and I would be very interested to hear whether she has anything to add. I beg to move.

Member
Lord Roborough (Conservative; Crossbench)
Type
Proceeding contributions
Date
29 October 2025
Reference
849 c1466
House
House of Lords