Planning and Infrastructure Bill

Lord Moynihan Excerpts

Committee stage
Thursday 24th July 2025 Lords Chamber

[Earl Russell (LD)]

My Lords, the fact that there are so many amendments on the issue of electric vehicles and electric HGVs shows, to my mind, that the Government have slightly missed a trick in not using the Bill as an opportunity to do more to roll out EVs and EV lorries and small vans, and on door-to-door delivery mechanisms, particularly as the targets and the timelines are coming up so quickly.

I hope the amendment will cause the Government to reflect on that and that more progress can be made in this Bill, because it is a real opportunity. It would be remiss of the Government not to seize it, because it lies at the heart of what they are trying to do in the stated purposes of the Bill. I very much welcome the amendments put forward by my noble friend Lady Pidgeon. I will speak particularly to Amendments 57 and 58, but I generally support all the amendments in this group.

Private cars are responsible for some 13% of the UK’s total CO₂ emissions—some 60.2 million tonnes of CO₂ equivalent in 2023. They are the largest single source within the transport sector, which as a whole is responsible for around 30% of our emissions. Road vehicles, including cars, make up the vast majority of them. Emissions from cars have been declining since 2005, but we still have a long way to go if we are to hit our climate targets, and the time we have to make these changes is fast running out.

The take-up of electric cars is, thankfully, growing. As of mid-2025, around 4% of the approximately 34 million registered cars on UK roads are EVs, totalling about 1.3 million. This goes up to about 7% if we include hybrid vehicles. The Climate Change Committee has been clear that we have further to go and need to do more. Rolling out EVs and making them affordable and practical is a key part of our pathway to net zero. We need to work together as politicians to make sure that we can overcome all the practical obstacles we have heard about, including the cost of affording the car in the first place. We need to make sure that, when people own these electric cars, they can afford to charge them and get the benefits that come only from being able to do so via their home charging points—at night and on a proper tariff that saves them money. If we do not do those things, people will just not make that transition away from petrol and diesel cars in time. We need to make those pull factors work for people. It is really important.

We have seen price reductions in the vehicles, increased government support and the continuing rollout of national charging infrastructure. Taken together, all these measures are helping to change consumers’ choices. We welcome the other efforts that the Government are making: the UK now has 73,000 public charging points—that is welcome—and the charging network rollout is helping to overcome some of the real fears with these things. The projection is that we could have 25 million EVs on UK roads by 2040. The biggest barriers to the take-up of EVs commonly cited are a lack of charging infrastructure, range anxiety—although that technology is improving—and the higher costs of running the cars. This is what we have talked about—making sure that people can plug them in at home.

We really welcome these amendments. It is not good enough that people are facing £3,000 of costs to get this planning stuff done and are waiting 12 to 15 months simply to run a cable across the pavement. As my noble friend said, 40% of people do not have a driveway at home, so cannot do this. This really needs to happen.

I also welcome all the amendments on HGV charging. This is particularly important for last-mile delivery and smaller-scale vans so that we can continue to tackle the scourge of air pollution, which is so damaging to our young people in particular and is such a radical cause of asthma. Luckily, we are beginning to see changes in that space.

We welcome these amendments and we think this really needs to happen. We encourage the Government to go away and think about how they can do more to bring about a joined-up policy on these issues through this Bill. There is more that can be done through the proposed legislation to help bring about the changes that we all want.

[Lord Moynihan (Con)]

My Lords, I echo many of the comments that have been made, and I strongly welcome the intention from the noble Baroness, Lady Pidgeon, in bringing this matter to the Committee towards the end of the day and considering the issue in depth through a range of amendments. She was admirably supported by my noble friend Lord Lansley. I think the Government will have taken on board the widespread enthusiasm for doing everything possible to move forward against some of the serious practical difficulties that exist.

--- Later in debate ---

On Amendment 71C on reinstatement, we all too often see that what should be a good road surface is pockmarked with various reinstatement works following utility works. Currently, utility providers need to provide only a two-year or three-year guarantee for their work. Moving to a five-year guarantee would ensure that reinstatement would be done to a far higher standard. As the Minister recognised earlier today, often these are of a very poor standard. This would also facilitate the monitoring and, ultimately, mean better roads and reduced need for maintenance—and be better for the environment. I beg to move.

[Lord Moynihan (Con)]

My Lords, I declared my interests in detail some two hours ago; they relate also to this amendment.

Regrettably, my noble friend Lady Coffey is, as the Committee knows, abroad. She offers her apologies and has asked me to speak to her Amendment 71A, an amendment regarding litter on the strategic road network. Essentially, her amendment asks the question: which roads are the responsibility of National Highways? Due to previous legislation, National Highways has responsibility for litter only on all motorways and some A roads. When my noble friend Lady Coffey was MP for Suffolk Coastal, she witnessed a real conflict in trying to get National Highways to work effectively with the council on litter on the A14. Most litter can be collected only when National Highways closes the road, which is often overnight and does not really fit in with local council practices on litter.

My noble friend’s points are valid. She is right that it is very difficult for National Highways and local authorities to co-ordinate and to get this work done efficiently. There are challenges in night-time operations as regards who is the principal contractor, who puts whom to work safely and who holds whom to account when litter picking needs to happen prior to grass cutting, road space management, customer complaint management, responses et cetera. Having the responsibility for litter across the entire strategic road network sit wholly with National Highways would, it seems, make complete sense.

But I know that the Minister has lengthy experience. With flat opex, the challenge of maintaining the SRN will be exacerbated. I am not completely sure that we have addressed the issue of whether sufficient moneys will be redirected from local authorities to National Highways to offset the additional service demands and risks. Litter picking under NLR is a schedule of rates activity, so it would require new and additional funding. It could not just be absorbed solely through efficiency gains.

Litter picking is a current necessity, but it is reasonable to consider it a waste of taxpayers’ money. Working as a community to dissuade littering behaviour through campaigns and technology should perhaps be the continued primary focus. How do we accelerate? How do we use technology? How do we change legislation? How can we affect the level of prosecution for littering—which then could raise moneys to fund litter-picking activity until the problem hopefully ceases to exist? With 100% strategic road network coverage with CCTV an intended outcome, and with the help of AI, I hope that we can move this industry challenge forward. I believe that we will.

[Lord Moylan (Con)]

My Lords, lane rental has worked well in London; it should be rolled out across the rest of England. National Highways should of course pick up its own litter. Street works should be guaranteed for a decent period. As ever, Conservatives have all the best ideas. I look forward to a short speech from the Minister in which he agrees.

--- Later in debate ---

Moved by

[Lord Moynihan]

70: After Clause 47, insert the following new Clause—
“Water Services Regulation Authority: transfer of functions(1) Within six months of the day on which this Act is passed, the Secretary of State must, by regulations, make provision for the functions of the Water Services Regulation Authority relating to planning, development and infrastructure to be transferred to the Secretary of State.(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”Member’s explanatory statement
This amendment seeks to transfer Ofwat’s functions relating to planning, infrastructure and development to the Secretary of State.

[Lord Moynihan (Con)]

My Lords, I will speak to my noble friend Lady Coffey’s Amendment 70. I see the Chief Whip on the Bishops’ Bench praying for a short introduction to this exceptionally important amendment.

My noble friend Lady Coffey seeks to transfer Ofwat’s functions relating to planning, infrastructure and development to the Secretary of State. Of course, she was ahead of her time; the Cunliffe report is now before the House and it will be debated at significant length. Whether the functions go to the Secretary of State or, as Cunliffe suggested, form part of the remit of a new regulator is a matter for your Lordships’ House in due course. We now face the biggest overhaul of water management and, above all, water regulation since privatisation. The Government have offered to fast-track five recommendations and I hope they will take my noble friend Lady Coffey’s amendment to heart when considering how best to move forward. I beg to move.

[Lord Jamieson (Con)]

My Lords, I also thank the noble Baroness, Lady Coffey, for tabling this amendment, which is pertinent, as has just been mentioned, given the announcements this week, including that Ofwat will be abolished. The future of water regulation is clearly in flux. We on these Benches seek clarity on the way forward. I look forward to hearing the Minister’s response.

[Lord Hendy of Richmond Hill (Lab)]

My Lords, I apologise: I prematurely terminated the journey of this part of the Bill. I will seek to be very brief.

The Government are committed to ensuring effective planning, development and management of water infrastructure. To that end, the Secretary of State for the Environment, Food and Rural Affairs formed an Independent Water Commission. We oppose the amendment put forth by the noble Baroness, Lady Coffey, to transfer Ofwat’s planning, infrastructure and development functions to the Secretary of State because it would pre-empt the results of the independent review. As mentioned, we will provide a full government response to the commission’s report in the autumn, setting out our priorities and timelines, and the Government will therefore introduce root and branch reform to revolutionise the water industry. I ask the noble Lord to withdraw the amendment on behalf of the noble Baroness, Lady Coffey.

[Lord Moynihan (Con)]

My Lords, I am very grateful to the Minister for his response. It was powerful. It was mistaken in not accepting the amendment, of course, but at least he put it in the context of the important work that the Government have committed to undertake. In that context, I thank him for his contribution and beg leave to withdraw Amendment 70—with the rider that I wish a well-deserved, restful and enjoyable Recess above all to the Minister, who has worked extraordinarily hard throughout this Session, and to every Member of the Committee who has been present throughout the proceedings.

Amendment 70 withdrawn.

Planning and Infrastructure Bill

Lord Moynihan Excerpts

Committee stage
Thursday 4th September 2025 Lords Chamber

[Lord Moynihan (Con)]

My Lords, Amendment 99AA in my name is the first of a number of amendments we will be considering over the coming weeks on the importance of sport and recreational provision being an essential priority for planning policy in this country. At a time when playing fields are under threat, swimming pools are being closed and obesity is a growing reality among the population, especially young people, the need for a national plan for physical activity, recreation and well-being is vital if we are going to turn the tide and deliver a legacy for a country that rightly still celebrates the outstanding Olympic and Paralympic Games of London 2012. I declare an interest as a member of the Olympic committee which had oversight of the Games from 2005 until 2012, a board member of the London organising committee of the Games, and then chair of the British Olympic Association responsible for Team GB and the 29 gold medals that our Olympic athletes delivered.

Although we had a wonderful Olympic and Paralympic Games, which left a legacy of regenerating the East End of London well ahead of the projected schedule—in fact, 10 years earlier than would otherwise have been the case—we failed to deliver a lasting sports and physical activity legacy for our country. Today, this amendment provides the opportunity for the Government to deliver that long-overdue legacy and demonstrate to the country a true commitment to sport and recreation.

The reason is unequivocally clear. The planning system provides the building blocks for the provision of open spaces, play areas, sport and recreational facilities and the well-being of the nation. As with the East End of London in the run-up to London 2012, every single facility under the leadership of Sir John Armitt, the inspirational leader of the Olympic Delivery Authority, was built with legacy use for the community in mind. Nothing failed to be considered in that context.

I want to take that experience of the Olympic Games in London nationwide. That is why my amendment would place in law a requirement that:

“Training for all members of local planning authorities must include an emphasis on healthy placemaking, which includes planning adequate provision of sport and physical activity spaces and facilities to meet communities’ needs”.


It is for not just some members of planning authorities but all.

In the planning for London 2012, we learned a great deal from Australia and the success of the superb Sydney Olympic Games in 2000. Today, seven years in advance of the Games, the Minister from Queensland responsible for the Games in Brisbane is here to listen to and learn from our debate in person. He is the hard-working Deputy Premier, Minister for State Development, Infrastructure and Planning and Minister for Industrial Relations in the Government of Queensland, Jarrod Bleijie. He is an outstanding politician, responsible for the delivery of his vision of a lasting legacy for the 2032 Games in Brisbane—for the people of Queensland, well beyond the closing ceremony. We wish him well. I briefly place on record that the relationship between Britain and Australia in sport is defined by a deep and historically significant, though always contentious, rivalry, which is second to none. Yet, although that rivalry is often intense, it also involves a strong sense of mutual respect and a shared sporting heritage that continues to evolve.

So, to reflect that close relationship, what can the Government do today? They can accept this amendment. Why? Because, as the Schools’ Enterprise Association stated, 500 swimming pools have been lost since 2010, totalling a massive 34,859 square metres of water space lost to the public. Of all the pools lost in that time, almost half—42%—have been lost since 2020, and this continued into the last year. With increasing financial pressures, ageing facilities and rising operational costs, many more pools and leisure centres are at risk of closure. Of the 10 local authorities that have seen the biggest decline in pool space, 70% have higher-than-average indices of multiple deprivation, risking exacerbating already-stark health inequalities.

By the end of Committee on this and the Children’s Wellbeing and Schools Bill, I aim, with my colleagues from across the Committee, to set out the building blocks for a national recovery plan for physical activity. This amendment, and others that ukactive and colleagues across the political divide, both in the House and in this Committee, are promoting, necessitate the integration of sport and physical activity facilities into planning law. We want to ensure that this is given weighting in priority that is equal to other facilities and services. It is essential that sport and physical activity are understood as the bedrock of health and well-being within a community and that there is adequate provision of facilities on this basis.

By accepting this amendment, the Government would take a small but necessary step to meet residents’ needs and provide the necessary training for all members of local planning authorities to understand the importance of adequate provision of sport and physical activity spaces and facilities to meet community needs and the health and well-being of the nation.

[Baroness Boycott (CB)]

My Lords, it is a delight to follow the noble Lord, Lord Moynihan, on his amendment. I entirely agree with everything he says. Not that long ago, a lido not far from where my daughter lives in east London was ripped down and turned into, of all things, a car park, which seems an ultimately depressing sanction on today. I can tell him right now that, if he chooses to divide the House on that subject in the future, I will walk behind him through the Lobby. I thank him.

On my Amendments 100, 101 and 102, I am very grateful to be supported by the noble Earl, Lord Caithness, on all three and by the noble Baroness, Lady Bennett of Manor Castle, on Amendment 100. They are in addition to Clause 50, and they are about training to do with climate change, biodiversity and ecological surveying. This does not just hold up planning distinctions—it is a question not just of newts, bats and different kinds of badgers but of people not knowing what they are talking about. Therefore, a lot of decisions are not only delayed but end up going to appeal.

My Amendment 100 would mean that the training would be mandatory in the overall planning that is to be provided in general under Clause 50. Amendment 102 provides that the training must be provided not only to elected members of the planning committees but also to local authority planning officers responsible for making any planning decisions. Amendment 101 includes the highways, with the list of authorities to which the training provisions apply. That is obviously crucial and often gets left out, because roads, after all, cut through animal corridors, divide woods, divide fields and separate areas where nature is trying to talk to itself and be together.

These skills and resourcing gaps with planning authorities have been identified very generally across the board as a key blocker. Indeed, the Government’s own impact assessment for the Bill states:

“There is very limited data on how environmental obligations affect development”,


yet there is clear and mounting evidence, including from the OEP, that ecological capacity and skills within the planning system is a key reason for the environmental assessment not functioning effectively.

The OEP goes on to say that

“without Government commitment to providing those public bodies responsible for assessments with the skills”

and

“expertise … needed … now or in future”,

they

“will not deliver as they should to support positive environmental outcomes”.

It advised that the Government should now develop a strategy for this resourcing and for securing the expertise by the public bodies.

A survey undertaken by the Association of Local Government Ecologists of its planning authorities found that only 53% of survey respondents said that their LPA has limited access to an ecologist for planning work, and only 5% of respondents said that their system is adequate. Any noble Lord who was in the House on Monday listening to the Science Minister, the noble Lord, Lord Vallance of Balham, answer a question about AI and training would have found it interesting to hear him say that a report from MIT last week on the use of AI across companies

“noted that 95% of companies got very little benefit and 5% got massively disproportionate benefit”.—[Official Report, 1/9/25; col. 511.]

The reason was that they had been properly trained. Whether we are talking about training to build sports grounds or training to protect wildlife, the training is needed.

The excellent charity Plantlife has highlighted that these gaps are even more acute for, say, botany and mycology. Botany was once compulsory, I guess, when most of us took GCSE biology. I certainly did it, and I did at A-level too. Research shows, however, that it is now practically non-existent. That is why, again, it is crucial that the amendment includes botanical and mycological survey.

Much has been made here of the cost. The noble Lord, Lord Thurlow, mentioned this as well, but I always feel that I am trying to plead amendments that put more and more emphasis on local authorities doing more and more. I expect that many Members remember the extraordinary Dasgupta report that came out from the Treasury under the Tory Government and looked at the costs of nature. I had the privilege of spending much of last night interviewing Professor Dasgupta. We were talking about many specific things, one of which was that the real way to rebuild our shattered biodiversity and our ecological strength is, generally, through a community, but there is a very strong financial aspect here. Our GDP, at the moment, is an incentive to depreciate all natural assets. The system for measuring the state of public finances discourages all investment in maintaining the UK’s stock of natural capital. Shockingly, the Bank of England mandates do not recognise that value.

It would make a lot of sense for the Government to revisit some of these local-looking economics and say, “Yes, we can afford to train people properly; in fact, we can’t afford not to train them properly”. Well-trained councillors and well-trained planning leaders will also add to people’s enjoyment and, as with building sports facilities, the joy they take in nature, being out in the countryside and thinking it is something in which they have a vested interest to protect. Unless we all start doing that, we will all be poorer, regardless of what we do.

Planning and Infrastructure Bill

Lord Moynihan Excerpts

Committee stage
Tuesday 9th September 2025 Lords Chamber

[Lord Crisp (CB)]

My Lords, it is a pleasure to introduce this group of related amendments, which are all concerned with how planning in general and housing in particular can play a positive role in promoting mental, physical and social health and well-being, building what I would describe as a healthy and health-creating society.

The Minister will recognise some of the amendments in this group, which are very similar to ones that the now Government supported so effectively in opposition when I tabled them during the passage of the Levelling-up and Regeneration Bill. I believe we even won a vote. While I hope she will support them, I suspect that she will not, and I understand that the Government have to choose. However, I hope that this debate will provide the Minister with more ammunition to argue for change within government. There are very good and powerful arguments behind the amendments in this group that I know will be set out by noble Lords. I thank the noble Lord, Lord Young of Cookham, and my noble friend Lord Carlile of Berriew for adding their names to my amendments. I also thank Hugh Ellis and Rosalie Callway of the TCPA for their invaluable advice and support.

Before turning to my own amendments, I add my support to the amendments on sport and physical activity from the noble Lord, Lord Moynihan. They powerfully make the point about the importance of both. It is not just the activity involved that is important for health and well-being, but the social aspects it embodies.

Two of the amendments in this group, Amendment 132 from the noble Baroness, Lady Bennett, and Amendment 185D from the noble Baroness, Lady Jones, set out definitions of the purpose of planning. It is very important that we remember what this is all about: why planning is necessary. Both these definitions of planning surely include ensuring the health and well-being of the population and not damaging it. I am also delighted to support Amendment 185SA from the noble Baroness, Lady Levitt, on a code of practice for design. This, as will be apparent in what I go on to say, is very important.

There are two overlapping arguments for my amendments. I will not repeat what I said at Second Reading, but I will touch on some of the points: the evidence from health research—the straightforward health arguments, if you like—and what I will call the evidence of experience, the salutary tales from recent history. Poorly planned neighbourhoods with poor amenities and badly designed homes with little or no access to nature, inadequate insulation of heat or against noise, and that are not secure or well-heated in winter or cool enough in summer, are a recipe for personal and societal stress and can be directly linked to risks of mental and physical illness and disease. Stress itself is implicated in increased inflammation and linked to many long-term conditions, from heart disease and diabetes to depression and anxiety. It is also very clear that the Minister’s colleagues in the Department of Health understand this very well. In the new NHS plan, there is reference to the importance of healthy neighbourhoods, and that is what all these amendments are designed to achieve.

Turning to the evidence from experience, the current housing system is too often failing to promote people’s physical, mental and social health, especially in the most deprived areas. Poor housing costs wider society at least £18.5 billion a year through poor educational achievement, loss of productivity and on-costs to health and care services, including £1.4 billion a year to the NHS.

Across the country, too many homes are being built that are poor quality, poorly located and unaffordable. A recent survey showed that a third of people across all sectors described their new homes as poor quality. Permitted development rights have only made that worse.

I have said all the problems, but it is also very clear, on the positive side, that well-designed safe homes with access to facilities provide part of the foundation for successful and prosperous lives. Prosperity and the ambition for sustainable growth go hand in hand with healthy, safe environments. Existing guidance and advice have not ensured the development of good housing and health-promoting neighbourhoods. There is no evidence that other non-mandatory guidance will help. That is, of course, why I am promoting these amendments.

Anyone who has played any role in government will know that, when setting out these sorts of regulations or guidance to authorities, some of them follow it very well and some do not. If this is all to be contained in what is in essence guidance, as the Minister has already mentioned, how will the Government deal with the people who do not follow the guidance in place? I entirely recognise that we need more homes, and I would also have referred to the 159,000 children that the Minister referred to as living in temporary accommodation at the moment, which is an appalling situation.

Amendment 123 says that any national or local plan or strategy for development must be designed to improve the physical, mental and social health and well-being of people. This reunites planning and health— the two were once inseparable in government and policy—and it takes account of the vital role that planning has in improving health and well-being.

Amendment 185SF, according to the Member’s explanatory statement,

“is based on Clause 43 of the Devolution and Community Empowerment Bill which places a duty on strategic authorities on health promotion and health inequalities. It uses the same language but replaces strategic authorities with local planning authorities. The effect of this amendment is to place a duty on planning authorities to promote health improvement and health inequalities”.

The obvious question—and I am particularly interested in the answer—is: if it is appropriate for the top-tier authority to have regard to that, why is it not for the planning authority? Is the higher-level authority simply irrelevant, and are the words in the other Bill just words without any follow-through into planning itself?

My Amendments 189, 191 and 193 place similar duties on development corporations. They already have, in this Bill, duties on sustainable development and climate change and, I would add, the positive promotion of the physical, mental and social health of the residents in their areas by ensuring the creation of healthy homes and neighbourhoods. These three elements —sustainable development, climate change and health improvement—fit very naturally together, as earlier debates today have shown, and actions to address one tend to reinforce the others.

My final two amendments, which are very familiar, are about healthy homes and neighbourhoods. Amendment 226 places a duty on the Secretary of State to promote a comprehensive regulatory framework for planning and the built environment designed to secure the health and well-being of the people in England and healthy homes and neighbourhoods. Amendment 351 provides a schedule describing that. This means dealing with all the health issues that I mentioned earlier on this group of amendments.

The current arrangements have not worked, and if not this regulatory framework—which I am not wedded to the detail of—what are the Government going to put in place? If the Government have the ambition to create decent homes and developments, which I think they do, they need some levers in place. It is as simple as that. I beg to move.

[Lord Moynihan (Con)]

My Lords, I rise to speak to three amendments in my name, but first I thank the noble Lord, Lord Crisp, for his generous comments with regard to the amendments that I tabled. I completely echo what he said in reverse: I am fully supportive of what he has just put before the Committee.

During the last sitting of the Committee, I spoke to a series of amendments on the importance of physical activity and well-being in the context of planning law, and I now rise to speak to Amendments 138A, 185SC and 185SD. In so doing I thank ukactive, a not-for-profit profit organisation that represents and supports the UK’s physical activity sector. I thank it for its consistent high-quality work on the subject in the interests of its members and the wider world of sport, recreation and physical activity, for which it is widely renowned.

Planning and Infrastructure Bill

Lord Moynihan Excerpts

Committee stage
Thursday 11th September 2025 Lords Chamber

I hope that we hear broad support from this amendment around the House, as we heard in the Commons. I hope that the Minister will take this seriously and will be prepared to have a meeting with noble Lords who are interested and with Play England, to see whether this can be taken forward as a constructive, practical step. We need to provide a foundation of health and well-being for our young people. This is a way of giving local authorities the responsibility to do that. As we were discussing in the last group, we may have local authorities with different political groups in power and with different perspectives. But giving our young people a healthy environment is surely something that the Government here in Westminster have a responsibility to deliver for all the children in England.

[Lord Moynihan (Con)]

My Lords, I fully agree with what the noble Baroness, Lady Bennett, has said about the importance of play, and with her imaginative approach to putting a play-sufficiency duty in this legislation. I hope that she pursues it further. She can be assured of good support from across the House, and certainly from me.

I will concentrate on the amendment from my noble friend in sport, the noble Lord, Lord Addington, on the protection of playing fields. This is of vital importance for numerous social, health, educational and environmental reasons. These outdoor spaces serve as essential community areas, fostering physical activity, social interaction and mental well-being among people of all ages. As urban development accelerates and land becomes increasingly valuable, safeguarding these playing fields ensures that they remain accessible and functional for future generations.

The noble Lord made the point that playing fields provide crucial opportunities for physical activity, which is fundamental for maintaining good health. The health perspective is important. Regular exercise helps prevent chronic illnesses such as obesity, diabetes and cardiovascular disease. For children and teenagers, playing fields offer a safe environment for sports, games and recreational activities that promote healthy growth and development. The availability of quality playing fields encourages active lifestyles, reduces sedentary behaviours and contributes to the overall well-being of communities. We should be increasing the number of playing fields for these reasons alone, not building over them.

The noble Baroness, Lady Bennett, raised another important environmental point. These spaces provide significant social benefits. Playing fields serve as communal hubs where people can come together to engage in team sports, recreational activities and play, or simply socialise. They foster community spirit, inclusivity and teamwork and are vital for social cohesion. Playing fields often host local events and tournaments, strengthening community bonds and promoting a sense of pride and ownership among residents. There are also educational benefits. Access to playing fields supports schools and youth organisations in delivering physical education and extracurricular activities. Physical education is a key component of a well-rounded curriculum, contributing to students’ physical and mental development.

My noble friend Lord Deben would agree that, from an environmental perspective, playing fields contribute positively to urban ecosystems. They help combat air pollution and support biodiversity by providing habitats for various flora and fauna. The loss of playing fields can have detrimental long-term effects. Where green spaces are developed for housing or commercial use, communities lose critical, recreational and health assets. This land use change often leads to increased traffic, pollution and social inequalities, especially for residents who rely on local sports facilities for leisure and health. That is why legal protections and strategic planning are vital in safeguarding these spaces.

What is the trend? A report by Fields in Trust in 2016 highlighted that, between 2000 and 2015, approximately 3,574 outdoor sports pitches and playing fields were lost across England alone. When considering the entire UK, the total loss is estimated to be over 4,000. That trend started in the mid-1990s and continues to this day. Thousands of playing fields have been lost in the UK in recent decades, underscoring the urgent need for continued protection and strategic land use planning.

My final point is that it is essential that Sport England continue as a statutory consultee for planning applications as they affect playing fields. Sport England objects to proposals that would result in a net loss of sports provision and works to safeguard and enhance playing fields across England, with over 1,000 playing fields protected by Sport England in the year to March 2023.

Earlier this year, the Government made it clear that Sport England’s role as a statutory consultee is under threat. Sport England continues to play a key role in safeguarding sports facilities, including playing fields, by advising planning authorities and working to protect and enhance sports infrastructure across the country. If the Government cannot give a commitment that Sports England will continue in this role, I believe we should consider placing this in the Bill on Report.

[Baroness Sater (Con)]

My Lords, it is a pleasure to follow my noble friend Lord Moynihan. I will speak to Amendment 165, to which I have added my name. I thank the noble Lord, Lord Addington, for bringing forward this amendment, which addresses the important issue of preserving our playing fields and pitches from potential changes to the planning process.

I wholeheartedly agree with everything that has been said, and which does not need repeating. The startling statistics mentioned speak for themselves. I just want to add a few comments, some of which are from organisations on the front line. As someone who has been involved in the youth justice and sport sectors for many years, and who is presently a co-chair of both the APPG for Sport and Physical Activity and the APPG for Sport and Physical Activity in the Criminal Justice System, I have seen and heard first-hand how access to playing fields and green spaces can transform lives. They are more than just open spaces; they are gateways to better health and stronger communities.

Sport and physical activity have a huge impact on the nation’s health and well-being, as my noble friend Lord Moynihan just mentioned, not to mention all the positives that children and young people receive from an active and regular sports lifestyle, which many will carry into their adult lives. Protecting our playing fields and facilities is therefore crucial, because once they are lost, they are gone for ever.

We have heard of the many risks involved in the recent announcement of the withdrawal of Sport England’s role as a statutory consultee on planning applications. It has an impressive record of protecting more than 1,000 playing fields across the country between 2022 and 2023 alone. Removing Sports England from the planning process will leave a huge hole.

Earlier this year, Alex Welsh, the CEO of the London Playing Fields Foundation, eloquently explained that making such a move would be a huge loss. He said that:

“When a local group are worried about losing the field at the end of the road … They call us and we start by saying, ‘Do Sport England know?’”


He also stated that:

“Over the past five years, out of 398 concluded planning applications, 90% have resulted in improved or safeguarded conditions because of Sport England. What we can’t quantify is how many people are put off from blatant building on fields because they are in that role. Who will be doing it when they are gone?”


Railroading through planning will certainly see many of our sports fields vanish. Fields in Trust, which my noble friend Lord Moynihan also mentioned, is an organisation that protects 3,000 local parks, playgrounds, playing fields and green spaces across the country. It is constantly being contacted by local community groups and individuals who are concerned about the potential loss of their park or playing field and who are having to navigate a complex planning system to make their concerns heard.

We have also learned from recent research published by the journal Cities & Health, which found that planners were prioritising the approval of new homes ahead of outdoor play spaces due to a combination of policy misalignment, financial constraints and pressures stemming from a lack of housing. We can have both; it should not be one or the other.

When I was chair of StreetGames, a national charity delivering sport into disadvantaged neighbourhoods, we saw how important it is to have local and community-based facilities that are accessible for all. If we want to tackle inequalities, making access to facilities more challenging will make it more difficult for everyone to be active and healthy, which will only be compounded for those with less.

The noble Lords and Baronesses here today who are involved in sport feel very passionately about ensuring that we protect our precious sports fields and pitches, so I hope their protection can be preserved in the Bill.

--- Later in debate ---

[Lord Wilson of Sedgefield (Lab)]

I thank noble Lords for this debate on an issue that the Government take seriously. Amendments 165 and 179 are in the names of the noble Lord, Lord Addington, and the noble Baroness, Lady Bennett. I am very grateful to them for raising these issues. There is nothing in the Bill that removes the strong protection for playing fields, especially the commitments in the NPPF. Play spaces are vital for supporting the health and well-being of local communities and as such are already considered through existing planning policy and guidance which collectively protect their provision. The National Planning Policy Framework sets out that development plans should be based on robust and up-to-date assessments of the need for open space, sport and recreation facilities and opportunities for new provision. This includes places for children’s play, both formal and informal, including playing fields. Development plans then use those assessments to determine what provision of recreational space is required for local communities.

In December last year, the Government updated planning policy to make specific reference to safeguarding formal play spaces in the National Planning Policy Framework, enhancing the protection of those spaces where they may be threatened by other development types. The framework is clear that play spaces can be lost only if the facility is no longer of community need or there is a justified alternative somewhere else. Having regard to the National Planning Policy Framework when preparing a local or strategic plan or making a planning decision is a legal requirement.  

 In recognition of the importance of play space provision for communities, we are also considering what more we can say about this important area as we prepare a new set of national planning policies for decision-making, on which we intend to consult this year. Further considerations on play spaces are set out in national design guidance that encourages the provision of such spaces and sets out how they can be integrated into new development.  As an aside, I am not sure whether the noble Baroness and the noble Lord are aware that there is now an APPG on play, which was established by Tom Hayes MP.

The Government are in the process of updating that guidance. A new version is expected to be published later this year and play spaces have been reviewed as part of the update. Play spaces can be funded by developer contribution, secured through Section 106 planning obligations and the community infrastructure levy, the CIL, which play an important role in helping to deliver the infrastructure required to support new development and mitigate its impacts. That is why the Government are committed to strengthening this system.

The Government have established the parks working group, with local authorities and industry specialists, to find solutions to the issues facing parks and green spaces, including improving the number of playgrounds. Our £1.5 billion plan for neighbourhoods will help deliver funding to enable new neighbourhood boards across the country to develop local regeneration plans in conjunction with local authorities. Upgrading play areas is a possible scheme that such funding will be used for, enabling the enhanced provision of public areas of play for many communities.

The Government also believe that the amendments may limit a local authority’s ability to respond to its community’s needs around play spaces by setting an overly rigid framework of assessments and legislative requirements.

I thank the noble Lord, Lord Addington, and the noble Baroness, Lady Bennett, once more, and reiterate my acknowledgment of how important play spaces are for local communities and the role that our planning system plays in enabling and protecting them.

[Lord Moynihan (Con)]

I am grateful to the Minister for his comprehensive response. Do the Government recognise the role of Sport England in the context of the protection of playing fields as effective and as an important consultee in statutory consultation over the future protection of playing fields? Do they respect the fact that Sport England has done an enormous amount of good work in this context and should continue to have the opportunity to do so?

[Lord Wilson of Sedgefield (Lab)]

The Government have committed to consult on the impact of removing Sport England as a statutory consultee. We will do that shortly and see what the result is, and I suggest that the noble Lord takes part in that consultation as well.

As I have set out, we have robust processes in place to support and protect spaces for play and recreation, and we will consider this issue further as we update our planning policies. These matters are best addressed through our policy and funding. I therefore hope that noble Lords will not press these amendments.