25.11.2025
The Government’s Planning and Infrastructure Bill has successfully cleared the House of Lords and is now set to gain Royal Assent, following assurances on some of the bill’s more controversial nature recovery provisions. The House of Lords debated 17 motions on 24 November, most of which related to whether the Lords should insist on amendments they had made earlier that were subsequently overturned by the House of Commons.
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A key focus of the debate was the Bill’s proposals for Environmental Delivery Plans (EDPs), which would be prepared by Natural England to manage the impact of development on protected sites and species. The Bill also establishes a Nature Restoration Fund (NRF), funded by a new levy on developers, to support the delivery of mitigation measures outlined in the EDPs. These provisions had raised concerns among environmental groups and some parliamentarians that they could weaken environmental protections.
During its third reading in the Lords, an amendment had been passed limiting EDPs to issues such as nutrient neutrality, water quality, and air quality, thereby excluding wildlife. However, this was overturned by the Commons, which stated that the EDP framework already provides “robust environmental protection” and should not be restricted.
In response to concerns, the Government confirmed that the first EDPs will focus solely on nutrient pollution, an area where there is substantial evidence and expertise. This approach will allow for a practical test of the system, and the lessons learned from these initial EDPs will inform future plans covering other environmental issues.
Baroness Taylor of Stevenage, the Government’s Housing Minister in the Lords, committed to returning to the House with a statement on the initial outcomes of the nutrient EDPs before any further EDPs are made. Baroness Willis welcomed this approach, highlighting the importance of independent scrutiny to ensure credibility.
All other Commons’ amendments were either agreed or withdrawn, and the crossbench motion to further restrict EDPs was not moved. The Bill is now expected to receive Royal Assent, although the exact date has not yet been announced.
This development confirms that the Planning and Infrastructure Bill will soon become law, establishing the framework for environmental mitigation through EDPs and the Nature Restoration Fund, with initial measures focused on nutrient pollution as a test case before extending to broader environmental protections.
DHA Planning will continue to monitor the implementation of the Bill and provide our clients with updates on any developments that may affect planning policy, project delivery, and development opportunities.
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