Contribution
No, I will not give way again. I will make some progress on the next set of amendments, which I need to get to, as I know many Members wish to speak.
As I was saying on Lords amendment 2, the Government support the intent of the amendment. However, subsections (7) and (8) of the new clause would require consents for listed buildings, conservation areas and archaeological sites to be obtained separately from the application for development consent for dams or reservoirs. We cannot support those subsections.
Lords amendment 3 is also problematic. It introduces additional notification and representation processes into the nationally significant infrastructure project regime when 20 or more residences are to be demolished in constructing dam or reservoir projects, despite such matters already being addressed by the Planning Act 2008. Both amendments are contrary to the intention of the NSIP regime, which introduced a streamlined “one- stop shop” approach to obtaining consents. It is the Government’s considered view that the regime already provides ample opportunity for those issues to be considered before the relevant Secretary of State makes their decision. Numerous adequate heritage safeguards and opportunities for communities and interested parties to have their say about dam and reservoir projects are already in place.
In respect of heritage concerns in particular, the national policy statement for water resources contains explicit policy on preserving the historical environment. When deciding whether to grant consent, the Secretary of State is under a statutory duty to have regard to the desirability of preserving a listed building, conservation area or scheduled monument where applications affect these assets. In respect of the demolition of homes, again, the Planning Act already provides sufficient safeguards for the compulsory acquisition of land. For those reasons, I urge the House to support an amendment to remove subsections (7) and (8) from Lords amendment 2 and to reject Lords amendment 3 in its entirety.
Turning to Lords amendment 31, as I mentioned earlier in my remarks, the Government are willing to make sensible concessions in some areas. The right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), who is not in his place, made a strong case on Report for greater accessibility requirements for electric vehicle charge points. As he knows, I made a personal commitment to him to give further consideration to the arguments he made. The objective he sought is echoed in Lords amendment 31, which seeks to amend the Automated and Electric Vehicles Act 2018 to enable the mandating of accessibility requirements for public charge points through regulations.
As the House will know, the Government are already working closely with the sector to update the current accessibility standards for public charge points. However, I have been convinced that we should use the Bill to provide further certainty in respect of this matter, and we have therefore tabled an amendment in lieu that is faithful to the original amendment agreed in the other place, with some minor changes designed to ensure that the powers cover all relevant aspects of accessibility for public charge points and that requirements can be placed on all relevant parties that play a role in delivering them. The Government will of course consult before producing and laying the relevant regulations. The Department for Transport looks forward to working with both the Scottish and Welsh Governments on these matters. On that basis, I hope the House will support our amendment in lieu.
Lords amendment 32 would require the Government to publish an assessment of the impact of current regulation on low-hazard reservoirs and to set out proposals for deregulation of such reservoirs within six months of enactment. An assessment of the impact of current reservoir safety regulation has already been published on the Department for Environment, Food and Rural Affairs’ science search website. Furthermore, the Government already intend to set out proposals for the deregulation of low-hazard reservoirs within six months of the Bill receiving Royal Assent. I also commit to clarifying planning practice guidance for the permitted development right that grants planning permission for the development of on-farm reservoirs, giving clarity to farmers about when this permitted development right can be used. Given that the Government have fulfilled one aspect of the amendment already, and I have committed to fulfilling the rest today, we are clear that there is no need to legislate on the matter. I therefore urge the House to reject this amendment.
Lords amendment 33 seeks to make the first set of regulations for the national scheme of delegation subject to the affirmative procedure. I draw the House’s attention to the fact that the Delegated Powers and Regulatory Reform Committee did not raise concerns about the use of the negative procedure in respect of these regulations. We have already consulted on detailed proposals to help inform the regulations, and the clause itself imposes a duty on the Secretary of State to consult again on the draft regulations before they are brought into force. This consultation duty will apply not only to the first set of regulations, but for any subsequent changes to those regulations. In the light of the two rounds of consultation planned before those regulations are laid, I urge the House to reject this amendment.