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Levelling-up and Regeneration Bill set to become law

26 October 2023

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The Levelling-up and Regeneration Bill was given Royal Assent on Thursday 26 October and is now an Act of Parliament (law).

The  Levelling-up and Regeneration Bill aims to support the government’s commitment to reducing geographical disparities between different parts of the UK by spreading opportunity more equally. The bill will also require the government to report annually on its progress, support the devolution of powers in England and create a framework for the delivery of green homes.

Consideration of amendments

The bill was considered by the House of Lords between 19 December 2022 and 21 September 2023, before returning to the House of Commons.

Members of the Lords then considered Commons reasons for disagreeing to Lords amendments to the bill. 

Wednesday 25 October

On the second and final day of 'ping pong', two outstanding issues were considerd by members of the Lords.

Climate change

Lords members had previously added an amendment to require the government and local authorities to mitigate and adapt to climate change in their planning decisions.

Over the course of ping pong, the Lords and Commons came to a compromise on an alternative amendment which requires the government to take account of climate change in national development policies.

Virutal council meetings

Lords members previously agreed to an amendment to allow hyrbid and virtual participation of local authority council meetings. 

The House of Commons disagreed to this proposal during 'ping pong', arguing that physical participation promoted good governance. Following the discussion on the floor of the House, Lords members accepted the Commons proposal.

Catch up

What's happened so far?

Consideration of amendments day one: Monday 23 October

Lords divsions

There were eight divisions (votes) on amendments to the bill, which were suggested after the Commons disagreed to Lords changes.

Local authority hybrid meetings

During report stage of the bill, members of the Lords agreed a new clause to allow council and local authorities to meet virtually, to allow for the flexilibilty of participants and increase attendance.

The House of Commons later rejected this amendment on the grounds that it is in the interests of good governance for these meetings to take place physically.

Lords members have now considered a revised version of the clause, which prioritises physical attendance but allows for virtual participation and hybrid proceedings under certain circumstances, the criteria for which would be set out the by the government.

Members voted 208 in favour and 199 against, so the revised clause was inserted into the bill.

Climate change

Also during report stage, members inserted a new clause into the bill to ensure that government and planning authorities have regard to climate change issues when making national policy and local planning decisions.

MPs in the Commons removed this clause on the grounds that the bill already has climate change provisions and it would be inappopriate to impose further requirements on the government.

Members voted to insist that the clause remain a part of the bill. 189 members voted in favour and 185 against, and so the clause was retained.

Additional votes

Members also voted to accept Commons changes to the bill on:

Catch up

Third reading: Thursday 21 September

Third reading is a chance for members to ‘tidy up' a bill, making small changes to ensure it is effective. 

Members considered a series of government amendments (PDF) (changes) to the bill, including:

  • road user charging schemes in London
  • national park management plans
  • conservation of habitats and species.

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Report stage day eight: Monday 18 September

Members speaking on day eighth and final day of report stage put forward amendments (PDF) (changes) to the bill to be discussed.

Lords divisions

There were seven divisions (votes) on proposed changes to the bill.

Building safety

The first vote was on amendment 265A, which prevents changes to the Building Safety Act regarding safety committees and condition reports on electrical installations, emergency exits for disabled people, stairs, ramps and fire suppression systems.

Members voted 192 in favour and 161 against, so the change was made.

Childcare services

The second vote was on amendment 276, which allows local authorities to open their own provisions for childcare services.

Members voted 198 in favour and 158 against, so the change was made.

Vagrancy Act 1824

The third vote was on amendment 277, which proposes a new clause requiring the government to publish an impact assessment of continued enforcement of sections of the Vagrancy Act 1824 on levelling-up and regeneration.

The impact assessment should be published within 90 days of the law being passed.

Members voted 177 in favour and 152 against, so the new clause was inserted into the bill.

School and hospital disrepair

The fourth vote was on amendment 281, which proposes a new clause requiring the government to keep a register of schools and hospitals in serious disrepair, and ensure the register is regularly updated. 

Members voted 178 in favour and 143 against, so the new clause was inserted into the bill.

Qualifying building leases

The fifth vote was on amendment 282C, which proposes a new clause to fix a gap in the Building Safety Act 2022 to ensure qualifying leases retain their protection if the leaseholder enters into a deed of variation or exercises statutory lease extension.

Members voted 153 in favour and 134 against, so the new clause was inserted into the bill.

Onshore wind development

The sixth vote was on amendment 282K, which proposes a new clause to reinstate, and provide equal opportunity for, onshore wind developments in planning systems, in order to meet the UK's carbon account targets. 

Members voted 138 in favour and 130 against, so the new clause was inserted into the bill.

Mayoral police and crime functions

The final vote was on amendment 307A, which makes a change to an earlier government amendment which enables police and crime commissioner functions to be conferred on local authority mayors at the moment the new law is passed.

Amendments 307A seeks to change this to nine months after the passing of the new law.

Members voted 133 in favour and 125 against, so the change was made.

Catch up

Report stage day seven: Wednesday 13 September

Members speaking on day seven of report stage put forward amendments (PDF) (changes) to the bill to be discussed.

Lords divisions

There were five divisions (votes) on proposed changes to the bill.

Residential buildings on floodplains

The first vote was on amendment 232, which proposed a new clause forbidding local authorities to grant permission for residential properties to be built on functional floodplains or areas at high risk of flooding. 

Members voted 177 in favour and 146 against, so the change was made and the new clause inserted into the bill.

Developments affecting ancient woodland

The second vote on amendment 233, which proposed an additional clause to require the government to introduce a consultation direction for developments affecting ancient woodlands.

Members voted 189 in favour and 145 against, so the change was made and the new clause inserted into the bill.

Planning application fees

The third vote was on amendment 235, which suggested a new clause to allow local authorities to set the fees for planning applications so that the cost of determining an application is reflected by the fee charged.

Members voted 181 in favour and 148 against, so the change was made and the new clause inserted into the bill.

Nutrient pollution in waste water

The final two votes were on government amendments to the bill regarding housebuilding and water pollution in England.

Amendment 247YY would allow the government to amend laws concerned with the environment, planning or development operations with regard to the effect of nutrients in water.

Members voted 156 and 203 against, so the change was not made and the government's proposed new clause was not inserted into the bill.

Amendment 247YYA provides that certain authorising bodies must assume that nutrients in waste water from proposed developments will not adversely affect habitats sites.

Members voted 161 in favour and 192 against, so the change was not made.

In voting against these amendments, members of the Lords expressed concerns that the changes would allow the government to revoke or amend existing laws that ensure 'nutrient neutrality' in water waste from building developments.

Catch up

Report stage day six: Wednesday 6 September

Members speaking on day six of report stage put forward amendments (PDF) (changes) to the bill to be discussed.

Lords divisions

There were also four divisions (votes) on proposed changes to the bill.

Scale of housing need

The first vote was on amendment 193A, which inserts a new clause to ensure local housing plans identify the local nature and scale of housing need in the local planning authority’s area and must make provision for sufficient social rent housing, to eliminate homelessness.

Members voted 173 in favour and 156 against, so the change was agreed and the new clause included in the bill.

Housing targets

The second vote was on amendment 195, which would require a local plan to meet or exceed the housing need for a local planning authority’s area as specified by government targets.

Members voted 129 in favour and 164 against, so the change was not made.

Health and wellbeing objective

The third vote was on amendment 198, which inserts a clause that would create a requirement for local planning authorities to include policies in their development plans which contribute to a new general health and wellbeing objective. The clause would also require local planning authorities and the Secretary of State to ensure consistency with this objective when deciding to grant planning permission.

Members voted 176 in favour and 178 against, so the change was not made.

Affordable housing

The final vote was on amendment 201, which inserts a clause that would require the government to update the definition of affordable housing following a consultation.

Members voted 158 in favour and 166 against, so the change was not made.

Catch up

Report stage day five: Monday 4 September

Members speaking on day five of report stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including:

  • powers to make planning data regulations
  • local nature recovery strategies.

Lords divisions

There were also four divisions (votes) on proposed changes to the bill.

High street financial services

The first vote was on amendment 164, which inserts a new clause in the bill requiring the government to engage with local authorities to prevent high street banks, post offices and cash machines from becoming vacant.

Members voted 180 in favour and 175 against, so the change was agreed and the new clause included in the bill.

National development policy

The second vote was on amendment 190, which sets out in fine detail the process for the government to designate and review a national development management policy, including minimum requirements for public consultation and parliamentary scrutiny.

Members voted 186 in favour and 180 against, so the change was made.

Climate change policies

The third vote was on amendment 191, which inserts a new clause into the bill to ensure that the government and planning authorities pay special attention to climate change policies when making national policy and local planning decisions.

Members voted 182 in favour and 172 against, so the change was made and the new clause agreed.

Neighbourhood health and wellbeing

The final vote was on amendment 191A, which inserts an additional clause into the bill requiring the government to design a regulatory planning and built environment framework in England to promote people's physical, mental and social health and wellbeing, as well as healthy homes and neighbourhoods. 

Members voted 159 in favour and 148 against, so the change was made and the new clause included in the bill.

Catch up

Report stage day four: Thursday 20 July

Members speaking on day four of report stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including urban development corporations, support for the pub industry and UK devolution. 

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Report stage day three: Tuesday 18 July

Members speaking on day three of report stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including funding and provision of affordable housing and environmental protection outcomes. 

Lord divisions

There were also two divisions (votes) on proposed changes to the bill.

Amendment 67 proposed new rules for the establishment of municipal bus services and the extension of franchise powers, while amendment 68 sought to remove government plans from the bill to introduce an England-wide infrastructure levy in place of site-specific community levies.

Following votes on the floor of the House, the two amendments were not agreed to.

Catch up

Report stage day two: Thursday 13 July

Members speaking on day two of report stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including the political balance of combined county authorities, membership of audit committees and the future relationship between mayors and police and crime commissioners. 

Lord divisions

There were also four divisions (votes) on proposed changes to the bill.

All the changes dealt with issues surrounding membership of combined county authorities (CCAs).

Non-constituent councils

The first vote was on amendment 29, which establishes a mechanism to allow non-constituent members to become full members of a CCA.

Members voted 162 in favour and 157 against, so the change was made.

Voting rights

The second vote was on amendment 30, which removes a line from the bill that had allowed associate members of a CCA voting rights under certain circumstances.

Members voted 164 in favour and 155 against, so the change was made and voting rights restricted to full CCA members.

The amendment was put forward in association with amendment 31 (agreed without a vote), which allows planning authorities to become full CCA constituent members.

Local government areas

The third vote was on amendment 53A, which adds further criteria for a local government area to be added to a CCA.

Members voted 162 in favour and 157 against, so the change was made.

Virtual participation

The fourth vote was on amendment 58, which allows local authority constituent members to take part in council meetings virtually, so as to widen participation, including amongst residents.

Members voted 169 in favour and 156 against, so the change was made.

Catch up

Report stage day one: Tuesday 11 July

Members speaking on day one of report stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including the role of the devolved administrations in levelling-up missions and regional disparities in the cost of living.

Lord divisions

There were also five divisions (votes) on proposed changes to the bill.

Levelling-up missions statement

The first vote was on amendment 1, which imposes a deadline of thirty days after the passing of the new law for the government to lay its statement on levelling-up missions before the two Houses of Parliament.

Members voted 212 in favour and 208 against, so the change was made and the deadline agreed.

This amendment was proposed in conjunction with amendment 17 (agreed without a vote) which requires the government to also present Parliament with its statement on round three of the Levelling-Up Fund within thirty days of the bill becoming law.

Child poverty

The second vote was on amendment 4, which ensures that future levelling-up missions include reducing child poverty as part of the government's domestic commitment to meet the associated UN Sustainable Development Goal by 2030.

Members voted 217 in favour and 192 against, so the change was made.

Policy success evaluations

The third vote was on amendment 6, which defines the criteria that should be used to evaluate the success or failure of levelling-up policies across government departments, including an assessment of UK geographical disparities broken down by local authority, postcode area and council ward.

Members voted 202 in favour and 194 against, so the change was made and criteria agreed.

Health disparities and life expectancy

The fourth vote was on amendment 7, which requires the government to include in its levelling-up missions statement a plan to address health disparities, aimed at reducing gaps in life expectancy between communities and addressing health outcomes throughout people’s lives.

Members voted 207 in favour and 189 against, so the change was made.

Rural proofing report

The final vote was on amendment 10, which inserts a new clause into the bill requiring the government to publish, alongside its missions statement, a rural proofing report detailing the ways in which levelling-up missions impact on rural areas and address the needs of rural communities.

Members voted 169 in favour and 167 against, so the change was made.

Catch up

Committee stage day 15: Wednesday 24 May

Committee stage is the first chance for line by line check and change of the bill. 

Members speaking on the final day of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • land contamination
  • no fault evictions
  • increasing social mobility. 

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Committee stage day 14: Monday 22 May

Members speaking on day 14 of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • barriers to establishing regional mutual banks
  • establishing a new bill regarding devolution and local economic growth
  • requirements for new build homes to have solar panels.

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Committee stage day 13: Thursday 18 May

Members speaking on day 13 of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • supporting sustainable development
  • ensuring environmental concerns are considered during consultations
  • purposes of protected landscapes.

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Committee stage day 12: Wednesday 3 May

Members speaking on day twelve of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • compulsory purchase powers
  • guidance for local authorities on the appointment of Chief Planning Officers.

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Committee stage day 11: Monday 24 April

Members speaking on day eleven of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • public consultation on planning and women's safety
  • planning designations to protect wildbelt land.

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Committee stage day ten: Thursday 20 April

Members speaking on day ten of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • ensuring local planning authorities include cycling and walking infrastructure in their development plant

  • the meaning of affordable housing.

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Committee stage day nine: Tuesday 18 April

Members speaking on day nine of committee stage put forward amendments (PDF) (changes) to the bill to be discussed.

These amendments covered a range of subjects, including: 

  • the need for housing for older people in local development plans
  • health and social care facilities
  • allowing communities to identify key priorities for their local area.

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Committee stage day eight: Monday 27 March

Members speaking on day eight of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including: 

  • delivering objectives of the local nature recovery strategy
  • ensuring national planning policy is designed to improve physical and mental wellbeing
  • involving the local community in the formation of development plans.

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Committee stage day seven: Wednesday 22 March

Members speaking on day seven of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including: 

  • climate and environment duties in local planning policy
  • second homes and holiday lets
  • consultations between the Secretary of State and local authorities.

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Committee stage day six: Monday 20 March

Members speaking on day six of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. These amendments covered a range of subjects, including: 

  • powers for local authorities and other bodies to dispose of surplus land
  • managing short-term lets and empty dwellings, and tackling under investment by landlords
  • changing the names of streets
  • ensuring consultations by local authorities are impartial and conducted by independent third parties.

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Committee stage day five: Wednesday 15 March

Members speaking on day five of committee stage put forward amendments (changes) to the bill to be discussed. These amendments covered a range of subjects, including: 

  • local policing provisions
  • services provided by district councils
  • devolution of fiscal powers.

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Committee stage day four: Monday 13 March

Members speaking on day four of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments cover a range of subjects, including: 

  • scrutiny of combined county authorities (CAAs)
  • transferring NHS responsibilities to local government.

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Committee stage day three: Monday 27 February

Members speaking on day three of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

  • local authority spending on levelling-up consultations
  • support for proposed regulations from local residents 
  • environmental impact assessments.

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Committee stage day two: Wednesday 22 February

Members speaking on day two of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

  • the impact of levelling-up missions on reducing geographical disparities across the UK
  • the distribution of levelling-up funding
  • reviewing the effectiveness of the levelling-up fund bidding process.

Catch up

Committee stage day one: Monday 20 February

Members speaking on day one of committee stage put forward amendments (PDF) (changes) to the bill to be discussed. 

These amendments covered a range of subjects, including: 

  • reducing geographical disparities
  • reducing child poverty
  • defining the government's levelling-up missions
  • making net zero a goal of all levelling-up missions.

Catch up

Second reading: Tuesday 17 January

Members discussed the main issues in the bill and drew attention to specific areas where they thought amendments (changes) were needed during second reading. Topics covered during the debate included: 

  • town and country planning
  • local democracy 
  • the Community Infrastructure Levy.

Members speaking

Baroness Scott of Bybrook (Conservative), Parliamentary Under Secretary of State in the Department for Levelling Up, Housing and Communities, opened the debate and responded on behalf of the government. 

Members speaking in the debate included: 

Baroness Anderson of Stoke-on-Trent (Labour) and Lord Jackson of Peterborough (Conservative) made their maiden speeches in the House of Lords during this debate.

Watch and read the debate

Find out more about the issues discussed: catch up on Parliament TV or read a transcript in Lords Hansard.

Image: Maria Godfrida / Pixabay

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