May 2025
Much has happened since the Planning and Infrastructure Bill was published in March. Touted by the Government as a win-win for nature and development, the Bill was published as an opportunity to unlock development, build much needed housing and help tackle the nature deficit we are suffering from in this county.
But the reality is very different. As drafted, this Bill throws a wrecking ball at hard won legal protections for wildlife and community greenspaces, allowing developers to offset damage their development does to wildlife by paying into a compensation “Nature Recovery Fund”. The Bill offers no certainty that this fund will deliver tangible benefits for nature, swerves the requirement that developers should at least first make a reasonable attempt to avoid harm, and risks compensation delivered a decade after damage, potentially miles away from where it occurred.
We are clear that the Bill is not a win for nature or communities, particularly those where access to green and blue space is already lacking. And we aren’t alone. The Government’s own environmental watchdog, the Office for Environmental Protection has called the Bill an environmental regression that could put nature at risk, raising concerns with how Part 3 (which makes changes to environmental regulations around planning) is drafted.
As the Bill has moved through Parliament, we’ve been championing a series of amendments which would address the biggest risks to nature in the Bill. These changes would ensure developers must make reasonable attempts to avoid harm and would strengthen the ‘Nature Recovery Fund’ to make sure that decisions on where money is spent are robust, transparent and led by science. They would ensure that the funds are not used inappropriately to avoidably damage habitats that can never be replaced, like ancient oaks or highly site- dependent species like dormice.
These amendments could help to achieve the Government’s stated aims, a win for nature, communities and development. But disappointingly last week Government chose to reject all of them in the recent Committee Stage.
Whilst the Housing Minister acknowledged that the Government is considering the views of the OEP and looking for ways to increase confidence that the Bill will deliver positive outcomes for nature, so far, they have taken no significant steps to address our concerns and those of wider stakeholders.
There is also little evidence that Part 3 will unlock development either. The Government’s own Impact Assessment failed to prove that nature is a blocker to growth. In reality, there are concerns about the Bill in the construction and property sectors too, with the Green Construction Board calling for a rethink and warning of unintended consequences.
It is no longer tenable or credible for the Government to state that this Bill is a win for nature and a win for development. The chorus of voices who disagree with this claim is growing ever louder. The Bill needs urgent fixes for its serious flaws, and many are warning that if the current version were passed it could make Labour’s nature promises impossible to meet.
Prior to election the Government committed to restoring nature across the country, rightly recognising this is an issue that voters are passionate about. Since then, we’ve seen a plethora of anti-nature rhetoric from the Chancellor, blaming wildlife as a ‘blocker’ despite the Government’s own assessment showing there is very little evidence of nature affecting development. And alongside this the context of the threats of Treasury squeezing the crucial nature-friendly farming budget and reducing resources of environmental regulators – leaving many questioning the Government’s credentials and credibility on nature issues.
There is time to make this Bill work for nature, communities and developers, but the window for Government to do so is running out.
It returns to the floor of the House of Commons in June for all MPs to have their say and we urge them, and the Government, to support amendments that will safeguard nature. Currently this Bill takes away too much from our tried and tested protections and replaces certainty with wishful thinking. Fundamentally, too much is at stake and needs fixing to make this work. Without meaningful change, this Bill should not pass.
There are some that will continue to pitch any opposition to the current Bill and proposals for improvements as nimbyism. However, the idea that that our concerns are held only by a vocal, ‘anti-growth’ minority are disingenuous. The truth is we have never been more disconnected from our natural world; it has never been in a more degraded state and its health and the health of our economy, of our country are intrinsically linked. Rushing through a piece of legislation without addressing legitimate concerns risks unforeseen consequences, costs, delays and challenges. Legal amendments to our protected sites and species legislation once made, are very difficult to change. To use a development adage, “measure twice, cut once”.
Environmentalists acknowledge there are challenges with the way the system has been working. Nature groups across England have been working with developers, local authorities and government for a number of years to deliver solutions, which benefit nature and new development. Planning reform could unlock more of this. As it stands the Bill is not a win-win for nature or development, but it can be if the Government chooses to listen. There is another way, one that can deliver better outcomes for nature, planning and communities. Will this Government continue to block it?
Ali Plummer is Director of Policy and Advocacy at Wildlife and Countryside Link
The opinions expressed in this blog are the authors' and not necessarily those of the wider Link membership.
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