Update: Government Rejects Lords’ Amendment on Nature Recovery – What This Means for Development

Following our last update at the start November,  DHA Planning continues to follow the progression of the Planning and Infrastructure Bill, particularly the elements relating to nature recovery, environmental delivery plans (EDPs) and the proposed Nature Restoration Fund (NRF).

 

Last week, the House of Lords passed an amendment that would have restricted the scope of the Bill’s new nature recovery regime to strategic, landscape-scale impacts relating only to water quality, water resources, nutrient neutrality and air quality.

 

However, on 13 November, MPs voted against the amendment, meaning the government intends to retain the broader, more flexible approach originally set out in the Bill.

 

Below is a summary of what has changed — and what it may mean for future development proposals.

 

What the Lords’ Amendment Proposed

 

The amendment, tabled by Baroness Willis of Summertown, sought to limit the circumstances under which an Environmental Delivery Plan (EDP) could be used.

 

Under the proposed wording:

 

• EDPs could only be prepared for environmental impacts relating to nutrient neutrality, water quality, water resources, or air quality.
• EDPs could not be used to address other ecological impacts, including those on protected species, protected habitats, or direct habitat loss.

 

Environmental groups noted that this would “narrow the scope” of the Bill’s new approach, preventing Natural England from preparing EDPs for a broader range of ecological issues.

 

Why the Government Rejected the Amendment

 

During the Commons debate, planning and housing minister Matthew Pennycook argued that the limitation was “arbitrary” and lacked a clear justification. He stated that:

 

• The Bill is crafted so EDPs can support the recovery of both sites and species where appropriate; and
• Limiting EDPs to water and air impacts would undermine a core principle of the new approach — namely that strategic environmental mitigation should be available for a wider set of ecological pressures.

 

The Government also emphasised that:

 

• The Secretary of State may only approve an EDP where its conservation measures materially outweigh the negative effects of development;
• Best available scientific evidence must be used when preparing or amending an EDP; and
• Natural England and the Secretary of State remain subject to robust scrutiny in the process.

 

Following the debate, MPs voted 250 to 133 to overturn the Lords’ amendment, with no Labour MPs supporting it.

 

What This Means for Developers and Local Planning Authorities

 

With the amendment overturned, the Bill maintains its original, wider scope for nature recovery.  This means:

 

1. Environmental Delivery Plans (EDPs) can be applied more broadly:

EDPs may be used to address a wider range of environmental features, including:

 

• Protected species;
• Protected habitats;
• Direct habitat loss; and
• Other ecological impacts not limited to air and water.

 

2. The Nature Restoration Fund (NRF) remains a potential new route:

Where an EDP is in place, developers may still be able to pay into the NRF as an alternative means of delivering strategic mitigation — subject to the EDP’s safeguards and approval tests.

 

3. Strategic, landscape-scale solutions may expand:

By rejecting the narrow amendment, the Government has signalled intention for a more comprehensive national approach to nature recovery that integrates a wider set of environmental pressures.

 

4. Uncertainty remains until detailed guidance is published:

Key elements still require clarification, including:

 

• How EDPs will be prioritised and selected;
• How contributions to the NRF will be calculated; and
• How this regime will sit alongside existing requirements (e.g., Biodiversity Net Gain, HRA, protected species licensing etc.).

 

Next Steps

 

The Bill has now cleared the House of Lords and returned to the House of Commons, where MPs will consider all proposed changes. Further amendments and clarifications may still emerge in the coming weeks.

 

DHA Planning will continue to provide updates as the legislation develops and its practical implications for planning and development become clearer.

 

If you would like advice on how the Planning and Infrastructure Bill may affect your current or future schemes, please contact the DHA Planning team.