Update: Lords Amend Planning Bill on Nature Recovery – What It Means for Development

This latest amendment, led by crossbench peer Baroness Willis of Summertown, follows the amendments proposed to the Bill which we reported on in our article at the start of September. It revises Part III of the bill, which originally proposed that Natural England would prepare Environmental Delivery Plans (EDPs) to mitigate negative impacts of development on specific environmental features.

 

What Does the Amendment Mean?

 

Under the amendment, the scope of EDPs is now restricted to nutrient neutrality, water quality, water resources, and air quality. This means that, rather than applying to broader environmental concerns—such as the protection of legally protected species or habitats—the focus will solely be on these key strategic issues.

 

The amendment also clarifies that EDPs will only be approved when the environmental benefits of the proposed mitigation measures “materially outweigh” the development's negative impact on the identified environmental feature.

 

Government and Environmental Perspectives

 

The amendment has been welcomed by environmental campaigners, including The Wildlife Trusts, who argue that the restricted scope will prevent EDPs from being applied to a wide range of environmental impacts, such as those affecting protected species like bats or habitats under direct threat from development.

 

However, Baroness Taylor, the Housing and Local Government Minister, expressed concerns, arguing that the amendment could limit the potential of EDPs to deliver broader environmental benefits. She emphasised that the bill’s original intent was to allow for science-led approaches to development impacts and not to close off opportunities to mitigate harm to nature in ways that the current system does not.

 

What Happens Next?

 

As the Bill progresses through the legislative process, the House of Commons will review the Lords' amendments.   However it is understood that parliamentary ‘ping pong’ could result in further rounds of negotiation between the two Houses, with potential changes to the Bill’s language.

 

In the meantime, if you have any questions about how these legislative changes may affect your development projects,  please don't hesitate to contact our team at DHA Planning.