UK Environmental Watchdog Raises Concerns Over Planning Bill’s Impact on Nature Protection

The UK's Office for Environmental Protection (OEP) has expressed significant concerns regarding the government's proposed Planning and Infrastructure Bill, cautioning that it could weaken existing environmental safeguards. In a formal advisory letter, the OEP acknowledged the government's intent to streamline development processes and enhance environmental outcomes but warned that, as currently drafted, the bill may reduce legal protections for habitats and species. The OEP welcome the proposed join-up between Environmental Delivery Plans (EDPs) and both the Environmental Improvement Plan and Local Nature Recovery Strategies, as well as a more strategic approach to addressing environmental challenges such as nutrient overloading.

A central issue highlighted by the OEP is the bill's introduction of an "overall improvement test" for Environmental Delivery Plans (EDPs). The OEP argues that this test, which assesses whether conservation measures can offset environmental damage from development, lacks the clarity and legal rigor of existing protections. Additionally, the bill permits conservation efforts to be implemented away from the affected sites, potentially undermining the coherence of protected site networks. In practice, the bill effectively includes provisions that permit developers to build over protected sites such as ancient woodlands if they pay into a fund that creates habitats elsewhere. The OEP emphasises that such changes could hinder the UK's ability to meet its legally binding biodiversity targets and the "30 by 30" conservation goal.

Environmental organizations have echoed these concerns. Ali Plummer, Director of Policy & Advocacy at Wildlife and Countryside Link, stated that “When the Government’s own watchdog brands the Planning and Infrastructure Bill environmental regression, ministers can’t ignore it. This Bill would weaken legal safeguards in favour of vague promises—abandoning the gold-standard Habitats Regulations and risking the loss of the tried-and-tested mitigation hierarchy. The Bill is a clear watering down of protections but there is still time to amend it, resulting in wins for both development, communities and wildlife. England deserves policies that raise the bar for nature and neighbourhoods nationwide, not roll it back. Now is the time for the Government to recognise the problems with the Bill and get it back on track."

In response to the OEP's announcement, Ruth Chambers, Senior Fellow at Green Alliance, said "The government’s environmental credentials depend on heeding this timely independent advice. It must now take the chance to strengthen the bill, and ensure that nature and housebuilding both benefit from this major legislation.”

Earlier this month, over 30 environmental groups, including the National Trust, RSPB, and The Wildlife Trusts, urged the government to revise the bill to prevent the erosion of existing environmental laws and to promote sustainable development.

In response, a government spokesperson has defended the bill, asserting that it aims to rectify a "failed system" that impedes housing and infrastructure growth without benefiting nature. The spokesperson noted that the Nature Restoration Fund introduced by the bill would secure lasting improvements for nature and that the government would consider the OEP's advice carefully.The Guardian

The Planning and Infrastructure Bill is currently under parliamentary scrutiny, and discussions continue regarding potential amendments to address the environmental concerns raised.

Read the OEP's Advice Letter to the government here.