The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)

My Lords, this group of amendments relates to the regulation-making powers governing the nature of the restoration levy. The powers provide the framework for how the levy will operate and how it will be used to unlock development and deliver nature restoration. Let me reassure the noble Lord, Lord Framlingham, that we have a whole group on CPO powers, group 9, so I am sure we will have further discussions about that then. The substance of the levy will be governed by secondary legislation, which will be laid under the affirmative procedure following Royal Assent. It is worth highlighting that, as well as receiving scrutiny from Parliament, the relevant charging schedule will form part of the consultation on each EDP, and, to reiterate, the use of an EDP will be a choice for developers. Turning to Amendments 256 and 313, tabled by the noble Lord, Blencathra, the Government have designed the nature restoration fund to work on a cost-recovery basis, with actions required to deliver EDPs funded by the developers who use the EDP. The framework of powers ensures that the levy can be designed to achieve this aim, and that all appropriate costs can be met through the levy. This follows the polluter pays principle, as the EDP will address the negative impact from development, so it is right that these costs be met through the levy. Given the range of matters that may need to be addressed through an EDP, there may be circumstances where the acquisition of land is required. Where this is the case, it is only right that this cost be recovered through the levy, rather than through public funds, whether the land is acquired by agreement or through compulsory purchase. While I recognise the concern around the use of compulsory purchase, these are important powers to ensure sufficient certainty that, where necessary and appropriate, land can be acquired for delivering conservation measures. This again highlights the importance of consultation on each EDP to ensure proper scrutiny before the EDP is considered by the Secretary of State.