Extracted from Hansard Report – Planning and Infrastructure Bill – Hansard – UK Parliament
Amendment 93
93: Clause 52, page 73, line 22, at end insert—
“(6A) Where a strategy area includes a chalk stream, the spatial development strategy must include policies on permissible activities within the area of the stream for the purposes of preventing harm or damage to the stream or its surrounding area.”Member’s explanatory statement
This amendment would ensure spatial development strategies include policies to protect chalk streams.
My Lords, Amendment 93, in my name and that of the noble Baroness, Lady Jones of Moulsecoomb, aims to secure the future of England’s chalk streams by enshrining specific protections and standards into our planning regime. As we made clear in Committee, these globally rare ecosystems—there are only 200 in the world—are often referred to as our country’s rainforests in terms of biodiversity and they face genuine risk from piecemeal development and inadequate water management. These are risks that will only intensify without a robust and specific legislative lever.
Relatively recently, I went for a customary walk in a beautiful green space in south-west London, only to discover that the beautiful River Wandle, home to brown trout and kingfishers, had been destroyed by a devastating diesel leak. The Government intend to streamline housebuilding and environmental measures in tandem, but the practical reality is stark.
Chalk streams are uniquely vulnerable. Abstraction of water, chronic pollution and unchecked development have led to tangible declines in many local areas. In 2023, the Liberal Democrats collected data through freedom of information requests, which revealed that one in 10 chalk stream sewage monitors were faulty, with some water companies having much higher rates of broken or uninstalled equipment.
Amendment 93 delivers a targeted solution: a statutory driver for sustainable drainage standards before any development interfaces with public sewers, closing a loophole that currently exists and has allowed cumulative harm to chalk streams. This amendment would ensure that developers are compelled to apply national standards for drainage and water treatment ahead of any permissions, rather than leaving mitigation as an afterthought.
Amendment 94 in the name of the right reverend Prelate the Bishop of Norwich complements this approach, and I thank him for the work he has done on this issue and his environmental expertise, which he has brought to this debate. Amendment 94 tightens oversight and demands full transparency in environmental impact reviews on watercourses at risk, an essential safeguard for communities whose local rivers are too often treated as collateral damage by the planning system’s inertia.
None of us should accept that cleaner, safer waterways are an optional extra and a nice to have. By adopting an amendment on chalk streams and supporting, out of these two amendments, Amendment 94, this House will signal that nature restoration, water quality and sustainable infrastructure are not in competition but can be advanced through co-ordinated and legally binding steps. I urge noble Lords to support these amendments for the sake of our streams and the communities they sustain.
If the right reverend Prelate the Bishop of Norwich moves to a vote, these Benches will support him. It is right that, with something as crucial as our unique chalk streams, we ask our colleagues in the House of Commons to think again and strengthen and protect in law this ecosystem that is almost unique to England. I hope that this House will unite in voting for Amendment 94 and protecting this rare heritage for future generations.
My Lords, I shall speak to Amendment 94, and I thank the noble Earl, Lord Caithness, the noble Viscount, Lord Trenchard, and the noble Baroness, Lady Willis of Summertown, for their support. I am most grateful to follow the noble Baroness, Lady Grender, who has just spoken so powerfully about her amendment, as well as offering her support for this amendment. Amendment 94 would require a spatial development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.
Chalk streams, as we have heard, are a very special type of river. Some 85% of the world’s chalk streams are in England. They are fed primarily by spring water from the chalk aquifer, not rain, which means that they have clear, cold water and very stable flows. These globally rare habitats are found in a broad sweep from Yorkshire and the Lincolnshire Wolds through Norfolk, the Chilterns, Hampshire and Dorset. The Bure, Glaven, Wensum, Test, Itchen and Meon are river names that come to mind flowing, as they do, through the tapestry of English history and in our literature, such as the River Pang-based Wind in the Willows. They are rich in minerals, especially calcium, and this “base rich” environment supports a distinctive and rich ecology.
It is no wonder that this amendment and a similar one in the other place have received such positive support, including in your Lordships’ Committee. What it seeks to do is such an obvious thing, for what we love, we should desire to protect; what we value, we should safeguard; what is of global significance, we should be deeply proud of.
I am grateful that the Minister responded to my letter to her about my amendment. However, her response was far from reassuring in two ways. First, the Government have pointed to local nature recovery strategies as a way of protecting chalk streams. These could, of course, in future be capable of considering, avoiding and otherwise mitigating for direct damage to these habitats, such as occurs from the footprint of a development near a chalk stream. However, to do so, LNRSs will need more bite in the planning system than they currently have. We are still waiting for the regulations designed to do precisely that, placing a duty on local planning authorities to take account of the nature strategy when making planning decisions.
We are still waiting for that to be commenced, and it is now a full two years after these regulations were promised in the Levelling-up and Regeneration Act 2023.
Even once the regulations are passed, LNRSs will not be well placed to map, quantify and avoid or mitigate for the offsite impacts of development such as downstream pollution or the additional water that will be abstracted from chalk streams or their aquifers to serve new homes. These very real threats to our chalk streams, over areas much larger than are covered by strategies, cannot be addressed by LNRSs.
Secondly, the Government have pointed to their plans to limit overabstraction by water companies through amending licences, but their target achievement date is 2030. This could take far, far too long and be far, far too late for many threatened chalk streams. The current abstraction situation is grave. Water companies are not sourcing their water from chalk streams within sustainable limits. The Catchment Based Approach’s chalk streams annual review 2024-2—a mouthful of a title—published last week, reports that a third of chalk streams do not have healthy flow regimes. This CaBA report also highlights additional water bodies where, despite flows being classed as compliant overall, abstraction can cause significant local impacts in parts of the watercourse. For example, in the River Loddon, upstream areas are impacted by abstraction but, because of wastewater discharge downstream of them, flows at the assessment point are classed as compliant. If overabstraction occurs for a sustained period upstream, the whole chalk stream could well dry out.
In light of the growing and urgent challenges facing our chalk streams, we cannot afford to wait for LNRSs to have more planning bite, or for 2030, when the abstraction licence amendments come into effect. We need Amendment 94 so that spatial development strategies are equipped to enable planning authorities to direct development away from areas where development footprints, pollution and overabstraction could sound the death knell for declining chalk streams. I will certainly listen to the Minister’s response with care. However, if this amendment continues to secure wide support, I will look to test the opinion of the House.
I am pleased to add my name to the important amendment tabled by the right reverend Prelate the Bishop of Norwich, and to Amendment 92 in this group, because, let us be honest, we are not starting from a good place with chalk streams. As mentioned by my noble friend, the current status of these unique and extremely rare habitats in the UK is poor, with more than three-quarters failing to meet good ecological health standards. This is precisely why the chalk streams became such an important issue for debate in the Levelling-up and Regeneration Bill. I remember only too well the same Front Bench colleagues debating long and hard for their protection.
The chalk stream recovery plan, announced by the previous Government, was seen by many, including me, as a good step in the right direction. But here we are again, with chalk streams back in the firing line and, despite the reassurance from the Minister on Report that local nature recovery strategies could propose priorities for their protection, the problem with our planning system is that it requires local authorities only to have regard to our LNRSs, which is not strong enough to protect these vulnerable habitats. We came across this a number of times in the Levelling-up and Regeneration Bill. Those words are etched in my memory.
Also, although the NPPF recognises the importance of irreplaceable habitats, chalk streams, much to my alarm—and, I am sure, to that of many in this House—are not specifically listed as protected habitats. Therefore, they do not have the overarching level of protection in the Bill, through the spatial development strategies, in the same way other protected habitats do. The only hope left, therefore, is the chalk stream nature recovery plan, launched by the previous Government. However, in reply to the question on this asked in Committee by the noble Viscount, Lord Trenchard, who sadly cannot be here today, the Minister stated that even this is now on hold because it is out of step with the ambitious programme of water reforms proposed by the Government. Perhaps the Minister can say for how long it will be on hold, as a result permitting further damage to occur in these unique freshwater habitats.
I say this because time is of the essence here. As an ecologist, I went back to look at the literature. Research on chalk streams has demonstrated that while removing pollution can result in the improvement of water quality within a month to a few years, ecological recovery can take between 10 and 20 years. The more damage we do, the longer it will take for them to recover.
Lastly, surely there must be some no-go habitats in some of our river catchments, and these chalk streams should be one of them. I therefore urge the Minister to agree to this amendment, within which the spatial development strategy would mandate the sort of responsibilities that lead to the protection and enhancement of these unique and rare chalk stream habitats.
My Lords, I support both amendments. I made a speech in Committee in which I laid out very similar arguments to those put by the right reverend Prelate and the noble Baroness, Lady Willis. I will not repeat them now, except to say that the right reverend Prelate referred to a number of chalk streams in my old constituency of North West Norfolk. These incredible assets—these unique and precious assets—are at risk as we speak. I say to the Minister that neither amendment is particularly demanding. They are quite modest in their overall fabric and intent. If the Government are serious about their environmental credentials, and about trying to do something for the countryside, I urge them, please, to accept these amendments.
My Lords, I have put my name to the right reverend Prelate’s amendment. I am delighted to see him back in the Chamber; we missed him in Committee.
My noble friend Lord Roborough was absolutely right when he said in Committee that all rivers are important. Yes, that is true, but chalk streams are that bit more important. The reason for that is that we have 85% of the world’s chalk streams. We are custodians for that majority, but 83% of those chalk streams do not meet good ecological standards. We have handled the whole situation very badly. I think we have taken a retrograde step with this Government, who have dispensed with the chalk stream recovery pack, which the noble Baroness just referred to.
I have written to the Minister and told her that I will ask her a number of questions. I have given her forewarning, so I expect replies. In what respect did that chalk stream recovery pack fall short? It was nearly ready to go when the Labour Government took over after winning the election. They could have pressed the button; that chalk stream pack focused on some difficult questions that nobody had fully addressed before, so why have they torpedoed it? What do they propose to do that will be better than that pack had proposed?
Let us go down to some specifics of the pack. It had time-bound commitments to reduce groundwater abstraction on numerous chalk streams which, according to the Environment Agency’s own data, are unsustainably extracted: for example, the Darent in Kent, where over half the rainfall that feeds the river is taken away for public water supply. There was a timescale for getting that right. Will the Government stick with that timescale or will there be something longer? Do the Government have plans to move water abstraction further downstream, rather than at the headwaters of these rivers?
The chalk stream pack also had a timebound commitment to address the hundreds of small sewage works in chalk streams that do not remove phosphorus in the treatment process and where there is currently no policy or incentive to drive investment. What are the Government going to do better to give a good timescale to get all those water treatment plants in good order? The pack also addressed run-off from highways and local roads, which I have spoken about before in your Lordships’ House, and how damaging it can be to chalk streams in particular because of the added silt. The CaBA chalk stream strategy recommends revised best practice guidelines for local councils that give more protection to chalk streams. Do the Government have better plans than that? The pack also put forward solutions to reform the farming rules for water, which are currently ineffective. What are the Government going to do to replace that recommendation?
I did not mention this question when I wrote to the Minister, but I will add it now: how do the Government intend to address the physical dysfunctionality of many chalk streams moved, straightened, dredged or dammed over the centuries and put them back to their natural state? In destroying the hard work of some very good, able and committed people who produced the chalk stream pack, the Government have alienated some potential friends in their effort to improve the environment. How are they going to get friends back onside when, after all that work, they have just dismissed it as though it did not matter? What plans do they have to include such people in the future to try to improve the whole river system for chalk streams? It is no good taking just one little area in one district or county council, because chalk streams do not understand those borders; they flow through lot of different councils. The whole thing has to be tackled on a holistic basis, and the only way to do that is by supporting the right reverend Prelate’s amendment.
My Lords, I shall speak to the amendments in the names of the noble Baroness, Lady Grender, and the right reverend Prelate the Bishop of Norwich. I am grateful for their excellent, informative introductions. We on these Benches tabled similar amendments in Committee. The amendments share a vital purpose: to ensure that our planning system gives proper recognition and protection to chalk streams, one of our most distinct and rarest natural habitats. These streams help define our landscapes, support unique biodiversity and supply water to many communities. The amendments would require spatial development strategies to identify and protect chalk streams, setting out the responsibilities for planning authorities in their stewardship.
These are sensible, constructive proposals and I am grateful to those who have tabled and supported them. We will support the right reverend Prelate the Bishop of Norwich if he divides on his amendment this evening. Will the Minister say whether she considers chalk streams to be irreplaceable habitats, like ancient woodlands, and therefore deserving of similar policy protection? The case for stronger recognition of chalk streams within our planning system is compelling. They are an irreplaceable part of our natural heritage and a globally important asset, and the way we plan for growth must reflect that.
I hope the Minister has heard the House and will be able to accept these amendments, and explain, as the noble Baroness, Lady Willis, and my noble friend Lord Caithness have asked, why our chalk stream restoration strategy is on hold.
My Lords, I thank the noble Baroness, Lady Grender, and the right reverend Prelate the Bishop of Norwich for Amendments 93 and 94, which propose additional statutory obligations for strategic planning authorities in relation to the identification and safeguarding of chalk streams. With 85% of the world’s chalk streams found in England, these unique water bodies are not just vital ecosystems but are indeed a symbol of our national heritage. The Government are committed to restoring them, which is why we are taking a strategic approach to restoring chalk streams. Working in partnership with water companies, investors and communities, the Government will introduce a new water reform Bill to modernise the entire system so that it is fit for purpose for decades to come. This is essential to restoring chalk streams to better ecological health and addressing the multiple pressures facing these habitats.
Alongside the programme of ambitious reforms, the Government are continuing to deliver vital improvements and investment for chalk streams, including £1.8 million through the water restoration fund and water environment improvement fund for locally led
chalk stream projects. Over the next five years, water companies will spend over £2 billion on chalk stream restoration.
The Government remain firmly committed to the restoration and protection of chalk streams. Plan-makers and decision-makers should recognise these habitats as valued landscapes and areas of high biodiversity. They deliver essential ecosystem services, contribute significantly to natural capital, and should be identified and protected through local plans.
As I emphasised in Committee, local nature recovery strategies provide a tool for identifying and enhancing chalk stream habitats. These strategies map priority areas for nature and are informed by key environmental data, such as the assessments carried out under river basin management plans. Under Section 12D(11) of the Planning and Compulsory Purchase Act 2004, spatial development strategies must already take account of relevant local nature recovery strategies.
In answer to the points made by the right reverend Prelate, local nature recovery strategies are a legal requirement and are prepared by responsible authorities, typically county or combined authorities appointed by the Defra Secretary of State. There are 48 LNRS areas and lead authorities covering the whole of England; there are no gaps, and no overlaps. LNRS responsible authorities work closely with local partnerships, involving all local planning authorities, to identify and map proposed areas for habitat management, enhancement, restoration and creation for biodiversity and the wider natural environment. The West of England Combined Authority published the first LNRS in November 2024. Five more have since followed: North Northamptonshire Council, Cornwall, Isle of Wight, Essex and Leicestershire. The remaining 42 are expected to be published by the end of 2025, or shortly thereafter.
I will also address the right reverend Prelate’s point about the provisions in the LURA. The Act created a duty requiring plan-makers to take account of LNRS. This builds on the existing requirement on all public authorities to have regard to LNRS in complying with their duty to conserve and enhance biodiversity. This duty will be commenced as part of wider planning reforms later this year.
Where a strategic authority considers chalk stream protection to be of strategic importance, Section 12D(1) requires that spatial development strategies include policies on land use and development that address such strategic priorities. Authorities will therefore be able to include such policies where appropriate.
Furthermore, planning policy is clear that decisions should prevent new and existing development contributing to unacceptable levels of water pollution. Where water quality has the potential to be a significant planning concern, an applicant should explain how the proposed development would affect a relevant water body in a river basin management plan and how they propose to mitigate the impacts.
Fixing systemic issues is essential to addressing the multiple pressures facing these habitats, and restoring our chalk streams to better ecological health is part of our overall programme of ambitious reforms for the water sector.
I will respond to the points made by the noble Earl, Lord Caithness. I am more than willing to answer all his points—I will try to do so briefly. It might have been more helpful to have them in writing before today, but I will cover the points he has raised. First, on the time-bound commitments to reduce ground water abstraction, we are tackling one of the biggest threats to chalk streams by reducing harmful abstractions by an estimated 126 million litres daily by 2030, protecting vital water flows to these fragile ecosystems.
Companies covering chalk stream areas, such as Affinity Water and South Staffs Water, have made specific commitments to reduce abstraction from chalk streams. Affinity Water has committed to reducing abstraction by 34% by 2050. Portsmouth Water is building a new reservoir in Hampshire to protect the River Test and the River Itchen—this is the first new reservoir to be built since the 1970s. In June 2025, the Environment Agency updated its national framework for water resources, which set out the importance of chalk streams and how we will include their needs in water resources planning and decision-making.
On time-bound commitments to address hundreds of small sewage works in chalk streams that do not remove phosphorus, under the Environment Act, to achieve the 80% reduction in phosphorus load discharge, the phosphorus improvement driver prioritises action for catchments that meet one or more of the following criteria: catchments with water framework directive regulations—phosphorus standard failures; catchments with identified nutrification issues under the Urban Waste Water Treatment Regulations; and catchments where phosphorus targets set by conservation policy advisers are exceeded. That prioritisation ensures targeting to achieve the best environmental outcomes.
In addressing run-off from highways and local roads, the Defra Secretary of State has committed to including a regional element in the new water regulator. We are considering how road or highway run-off and urban diffuse pollution can be managed at a regional or local level as part of moving to a catchment-based approach.
Lastly, on the reform of farming rules for water—which the noble Lord said in his letter are currently ineffective—the levels of water pollution from agriculture are unacceptable. We are looking at reforming the regulations, including the farming rules for water, as a priority within a suite of broader interventions. We are also working with farmers, environmental groups and other parties to improve the farm pollution regulations to make sure that they are simple and effective. This will allow us to deliver pollution reductions and clean up our waters while supporting farm businesses to grow. I hope that is helpful to the noble Lord.
We need to continue to tackle the biggest impacts on chalk streams, including reducing the risk of harmful abstraction, and we are doing so, as I said, by 126 million litres through the amendment of water company abstraction licences, and rebuilding the water network with a record £104 billion investment to upgrade crumbling pipes and cut sewage spills. In light of all this, I hope noble Lords will not press their amendments.
My Lords, I thank the Minister. It is very clear there is a strong feeling within this House that there is a need for something to shift and be enshrined in law. I beg leave to withdraw my amendment in order to hand over and support the right reverend Prelate the Bishop of Norwich if he decides to press his.
Amendment 93 withdrawn.
Amendment 94
Moved by
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94: Clause 52, page 73, line 22, at end insert—
“(6A) A spatial development strategy must—(a) list any chalk streams identified in the strategy area;(b) identify the measures to be taken to protect any identified chalk streams from pollution, abstraction, encroachment and other forms of environmental damage; and(c) impose responsibilities on strategic planning authorities in relation to the protection and enhancement of chalk stream habitats.”Member’s explanatory statement
This amendment would require a spatial development strategy to list chalk streams in the strategy area, outline measures to protect them from environmental harm, and impose responsibility on strategic planning authorities to protect and enhance chalk stream environments.
My Lords, I thank all who have contributed to this important debate and the Minister for her response. However, I am not convinced by her arguments; we cannot wait for a water reform Bill and have these arguments again at that stage. Amendment 94 seeks to protect chalk streams, this precious habitat which we are the custodians of. It aims to restore biodiversity and create a planning system that works with nature, not against it. At present, I am afraid, the Bill before us fails to do this for chalk streams. Thus, I seek to test the opinion of the House.
Chalk-Streams 
I can see nothing here that will help the Cinderella of chalkstreams, the River Ems. Only Special Area of Conservation status will suffice and even then the currently ineffective regulators would need to show some real enthusiasm for the job. Portsmouth Water (PW) continues a relentless regime of over abstraction seemingly to prove the requirement for this volume of water ahead of the Environment Agency (EA) licence review much heralded for 2030. Whilst they are building a reservoir (funded by Southern Water) they continue to export 30 mega litres per day, 15 mega litres of which to support the Rivers Test and Itchen whilst the River Ems runs dry. They are unwilling to commit to sparing the River Ems once the reservoir is functioning. Meanwhile the EA ignore Riverfly Programme invertebrate trigger levels at the only two sample sites with any flow. Currently 12-20litres per sec, Q95 per sec. PW have effectively sabotaged attempts to record the damage that has been done by the over abstraction.
Despite PW naming the River Ems as a Flagship River following on from the CaBa Chalkstream Restoration Strategy they are doing nothing to support it.
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