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The government has tabled a series of amendments to the Planning and Infrastructure Bill, specifically part III, in response to concerns that the proposals could weaken long-standing environmental protections. This section of the Bill focuses on development and nature recovery and introduces a new mechanism — Environmental Delivery Plans (EDPs) — to be prepared by Natural England.

 

Under the original proposals, developers could pay into a new Nature Recovery Fund (NRF), with EDPs effectively streamlining the environmental approvals process. However, this raised alarm among environmental groups, who feared the removal of existing safeguards under the Habitats Regulations and other environmental laws.

 

In July, the government introduced amendments aimed at addressing these concerns. Key changes include:

 

  • A more robust “overall improvement test,” requiring the Secretary of State to be satisfied that the conservation benefits “materially outweigh” the environmental impact of development;
  • A requirement for EDPs to detail the anticipated sequencing of conservation measures; and

  • Confirmation that the mitigation hierarchy will play a role in the preparation of EDPs.

 

Reactions to the amendments have been mixed. Some in the environmental sector view them as a step in the right direction, while others argue that key concerns remain — particularly around the enforceability of conservation outcomes and the discretion retained by government. From a development perspective, the changes are seen as having limited practical impact at this stage, with delivery of EDPs by Natural England considered the key determining factor in how the proposals will operate in practice.

 

For local planning authorities, the strengthened environmental tests and emphasis on sequencing and monitoring may bring added responsibilities. Developers, meanwhile, are watching closely to understand how the system will work in practice — particularly in relation to timing, upfront mitigation, and regulatory risk.

 

The Bill is currently at committee stage in the House of Lords, with final decisions on the amendments expected following the summer recess before sending the bill back to the Commons.    As soon as we find out more, we will issue a further update.

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