Below are the core strengthening & safeguarding amendments which Wildlife and Countryside Link recommend as being needed to protect nature in the Planning and Infrastructure Bill.
Priority amendment 1: Clause 52, page 86, line 12, at end insert— (10) An EDP must include a schedule setting out the timetable for implementation of each conservation measure and reporting results
(11) The schedule must ensure that, where the development to which the EDP applies is likely to cause in Natural England’s opinion any irreplaceable or irreversible or significant environmental damage, the corresponding conservation measures have resulted in an overall improvement in the conservation status of the identified features in advance of that damage, so that environmental benefits are delivered in advance so far as practicable.
(12) In establishing a schedule under (10) Natural England must take into account the principle that enhancements should ordinarily be delivered in advance of harm.
Explanatory Notes:
Specifying a timetable for EDP benefits: Requires an implementation schedule that guarantees EDP conservation measures deliver benefits, especially ahead of any irreversible environmental damage as determined by Natural England.
Priority amendment 2: Clause 53, page 86, before subsection (1i) insert—
(X) Natural England may only decide to prepare an EDP for a protected feature if it can demonstrate that implementing conservation measures as part of an EDP could contribute to a significant environmental improvement in the conservation status of the relevant environmental feature at an ecologically appropriate scale.
Explanatory Notes:
Scope of EDPs: Limits the preparation of EDPs to cases where proposed measures can demonstrably achieve significant environmental improvements in the conservation status of an environmental feature at an appropriate ecological scale.
Priority amendment 3: Clause 55, page 88, replace subsection (4) with—
“An EDP passes the overall improvement test if the conservation measures will be sufficient to significantly and measurably outweigh the negative effect caused by the environmental impact of development on the conservation status of each identified environmental feature and to achieve a significant environmental improvement.”
Explanatory Notes:
Strengthening Overall Improvement Test: Strengthens overall improvement test that conservation measures must significantly & measurably outweigh any negative impacts to improve the conservation status of identified features.
Priority amendment 4: Clause 61, page 93, after subsection (2) insert—
(X) Natural England may only accept the request if Natural England is satisfied that—
(a) the developer has taken reasonable steps to appropriately apply the mitigation hierarchy, including by seeking to avoid harm wherever possible to the protected feature, and
(b) in the case of a plan or project affecting an irreplaceable habitat, a European Protected Species, or part of the National Site Network, there being no alternative solutions, the plan or project must be carried out for imperative reasons of overriding public interest
Explanatory Notes:
A Mitigation Hierarchy Requirement: Ensures Natural England accepts requests only when developers have properly applied the mitigation hierarchy and justifies projects due to there being no alternative solutions and on imperative public interest grounds, especially for sensitive habitats.
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Further 'Wilder by Design' amendments
Priority amendment 5: Insert new clause
Nature and climate duty
In the exercise of their functions planning authorities must take all reasonable steps to contribute to—
the achievement of targets set under sections 1 to 3 of the Environment Act 2021 and any interim targets set out in the Environmental Improvement Plan;
the achievement of targets set under Part 1 of the Climate Change Act 2008; and
the delivery of the programme for adaptation to climate change under section 58 of the Climate Change Act 2008.
Explanatory notes: All planning policies and decisions should contribute to nature and climate targets. All planning policies and decisions (TCPA and NSIP) should contribute to Climate Change Act 2008 and Environment Act 2021 targets.
Priority amendment 6: Insert new clause
Local Nature Recovery Strategies: planning protection
Where an application is made to a local planning authority, to the Secretary of State or to another relevant decision-maker for planning permission, permission should not be given except in exceptional circumstances for any land identified in a Local Nature Recovery Strategy as—
An area of particular importance for biodiversity
An area where nature recovery action has been taken
An area that could become of particular importance for biodiversity
Nothing in this section reduces any existing processes or protections intended for the conservation or enhancement of the environment.
Explanatory notes: Identify and protect more space for nature recovery through the planning system. No area identified as a designated site for nature (SACs, SPAs, SSSIs, Ramsar sites, Local Wildlife Sites, irreplaceable habitats such as chalk streams, Local Green Spaces, sites secured for BNG, land covered by conservation covenants, and sites listed in Paragraph 194 of the NPPF, including those secured for ecological compensation) or priority enhancement areas identified in Local Nature Recovery Strategies’ habitat maps should be granted for TCPA or NSIP development permission, unless in exceptional circumstances. (This planning policy protection should not undermine or decrease any existing higher levels of planning policy or legal protections for sites.)
Priority amendment 7: Insert new clause
Building regulations: biodiversity
Within six months of Royal Assent the Secretary of State must bring forward regulations under Section 1 of the Building Act 1984 for the purpose of the protection and enhancement of biodiversity and in particular to contribute to the achievement of biodiversity targets and interim targets set out under the Environment Act 2021.
Regulations under section 1 must include provision for the appropriate installation and maintenance of measures including—
bird boxes;
bat boxes;
swift bricks;
hedgehog highways;
‘splash-free’ pavements; and
biodiverse roofs and walls
Regulations under section 1 must make provision limiting the use of artificial grass in a garden or in or on land associated with a dwelling or building covered by the Regulations.
Explanatory Notes: A new biodiversity chapter of the Building Regulations, as one element of wider nature-friendly planning. The introduction of a new biodiversity chapter of the Building Regulations, alongside wider nature-friendly planning, would make nature-friendly building features, such as bird and bat boxes, hedgehog highways, and green biodiverse roofs and walls, mandatory in accordance with clear standards for installation.
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Other:
Amendment 1: Clause 24, after subsection (1) insert—
(X) The forestry authority may not use or make arrangements under subsection (1) for land placed at the disposal of the forestry authority by the Minister—
(a) that would amount to more than 2% of the total land area placed at the disposal of the authority;
(b) that would amount to more than 5% of an individual site;
(c) that would directly, indirectly or in combination with other development have adverse effects on a site designated under the Ramsar Convention, the Conservation of Habitats and Species Regulations 2017 or the Wildlife and Countryside Act 1981;
(d) that would directly or indirectly or in combination with other development have adverse effects on an irreplaceable habitat such as an ancient woodland; or
(e) that would directly or indirectly or in combination with other development have adverse effects on a protected species.
Amendment 2: Clause 47, page 66, line 7, at end add:
“(d) creating and enhancing the provision of and public access to a network of multi-functional green and blue spaces and other natural features, urban and rural, which is capable of delivering a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity.”
Amendment 3: Clause 48, page 83, line 2, after “protect” insert “and enhance”.
Explanatory Notes: Expands the obligation on NE/ EDP conservation measures to not only protect nature & protected features, but also actively improve them.
Amendment 4: Delete Clause 50 and insert—
Environmental features, environmental impacts and conservation measures
An EDP must identify—
one or more environmental features which are likely to be negatively affected by development to which the EDP applies, and
one or more ways in which that negative effect is likely to be caused by the development (the “environmental impact”).
The EDP must identify all of the significant possible environmental impacts on an environmental feature, but an EDP need not identify all of the possible environmental impacts on an environmental feature.
An environmental feature identified in an EDP may be—
a protected feature of a protected site, or
a protected species.
An EDP must set out the measures (“conservation measures”) that are to be taken by, or on behalf of, Natural England, under the EDP in order to—
address the environmental impact of development on the identified environmental feature,
ensure an overall improvement in the conservation status of the identified environmental feature (see also section 55(3)), and
contribute to meeting targets set under Sections 1-3 of the Environment Act 2021.
Where an identified environmental feature is a protected feature of a protected site, the EDP may, if Natural England considers it appropriate, set out conservation measures that do not directly address the environmental impact of development on that feature at that site but instead seek to improve the conservation status of the same feature elsewhere.
An EDP may include some conservation measures that are not expected to be needed but which may be taken if the conservation measures that have been implemented fail to address the environmental impact of development and contribute to an overall improvement in the conservation status of an identified environmental feature as anticipated.
An EDP must set out how all reasonable measures have been taken to avoid harm to protected environmental features before considering mitigation or compensation measures.
An EDP must state how much the conservation measures are expected to cost over the period covered by the EDP or, if longer, the period for which a conservation measure is likely to be required to address the environmental impact of the development and ensure an overall improvement in the conservation status of an identified environmental feature”.
A conservation measure may take the form of a requirement for Natural England to request that a condition of development be imposed (see section 75).
In this section, “the environmental impact of development” means the environmental impact, as identified in the EDP, of the maximum amount of development to which the EDP may apply, as specified in accordance with section 49(5).
Clause 50, page 84, line 23, before “but” insert “The EDP must identify all of the significant possible environmental impacts on an environmental feature”.
Explanatory Notes: Strengthens Environmental Delivery Plans (EDPs) to enhance the identification and mitigation of environmental impacts. EDPs must identify significant environmental features likely to be affected by development, outline conservation measures to be undertaken by or on behalf of Natural England, and ensure an overall improvement in conservation status in line with the Environment Act 2021. Conservation measures may be implemented off-site if appropriate and should prioritise harm avoidance before mitigation or compensation. An EDP must also estimate the costs of conservation measures and may require Natural England to request conditions on development. By reinforcing accountability and aligning infrastructure development with national environmental targets, this amendment ensures a more robust and enforceable framework.
Amendment 5: Clause 50, page 84, line 32, delete subsection (b) and insert—
(b) ensure an overall improvement in the conservation status of the identified environmental feature (see also section 55(3)), and
(c) contribute to meeting relevant targets set under Sections 1-3 of the Environment Act 2021 and any relevant protected site or species conservation strategy or network management objectives.
Explanatory Notes: Revises EDP requirements to explicitly mandate overall improvements in conservation status and alignment with Environment Act targets.
Amendment 6: Clause 50, page 84, after subsection (4) insert—
(X) Before choosing to take conservation measures elsewhere than the relevant protected site, Natural England must consider—
(a) The effect of doing so on the affected ecosystem;
(b) The ecological importance of that site for relevant ecological networks; and
(c) The effect of doing so on communities, businesses and other relevant stakeholders.
Explanatory Notes: Requires Natural England to assess ecosystem and stakeholder impacts before shifting conservation measures away from the original protected site.
Amendment 7: Clause 50, page 85, line 1, replace “or” with “and”.
Explanatory Notes: To ensure both impacts are addressed and overall improvements delivered in EDP conservation measures.
Amendment 8: Clause 50, page 84, line 27, at end insert–
“(2A) An environmental feature identified in an EDP must not be–
(a) an irreplaceable habitat;
(b) ecologically linked to an irreplaceable habitat to the extent that development-related harm to that feature or the surrounding site would degrade, damage or destroy an irreplaceable habitat.
(4) For the purposes of this section, "irreplaceable habitat" means -
(a) a habitat identified as irreplaceable under The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024, or
(b) an ecologically valuable habitat that would be technically very difficult or impossible to restore, create or replace within a reasonable timescale.
Amendment 9: Clause 50, page 85, at the end of subsection (6) insert “and ensure an overall improvement in the conservation status of an identified environmental feature”.
Explanatory notes: Adds a requirement to demonstrate that EDP associated conservation measures result in an overall improvement in conservation status.
Amendment 10: Clause 52, page 85, at the end of subsection (1) insert “which must be capable of being objectively measured on the EDP start date”.
Explanatory notes: Ensures that the environmental conditions at the start of the EDP are objectively measurable.
Amendment 11: Clause 52, page 85, line 28, at end insert “; and” and insert–– (c) a summary of the evidence used by Natural England to assess the likely environmental impacts of the development to which the EDP applies and an explanation of how that evidence has informed the conservation measures included in the plan.
Explanatory Notes: Mandates inclusion of a summary of the evidence used to assess environmental impacts and the rationale for chosen conservation measures.
Amendment 12: Clause 54, page 87, line 25, delete “28” and insert “40”
Amendment 13: Clause 55, page 88, line 9 – after (4), insert—
(x) Where the environmental features affected are qualifying features of a European Site, European marine site, European offshore marine site or a Ramsar Site the overall improvement test cannot be passed unless—
(i) The Secretary of State is satisfied that there would be no adverse effect on the integrity of the relevant site from the delivery of development to which the EDP may apply, either alone or in combination with other plans and projects, with the same standard of confidence as if the EDP were being assessed as a plan or project under Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017; or
(ii) Where it is not possible for the Secretary of State to reach a positive conclusion under Section 55(4)(i), having first exhausted all reasonable options for impact avoidance and mitigation, the provision of compensatory measures to offset any unavoidable harm to the qualifying features is sufficient to significantly outweigh the negative effect; and
(ii) There are imperative reasons of overriding public interest for permitting the EDP to be made and no alternative approaches to meeting those imperative reasons of overriding public interest that would result in less or no harm to the relevant site.
(x) The overall improvement test will not be passed unless the Secretary of State is confident that Natural England has demonstrated that all reasonable opportunities to implement measures that would have the effect of avoiding or minimising the negative effects caused by development undertaken within the scope of the EDP have been taken.
(x) The overall improvement test will not be passed unless Natural England has demonstrated that—
(i) any avoidance and mitigation measures will be delivered and functioning as intended prior to the negative effect of the development being exerted on relevant features; and
(ii) any compensation measures proposed will be delivered to prevent any irreversible harm to the conservation status of relevant ecological features at an ecologically appropriate scale, including but not limited to local species extinctions.
Amendment 14: Clause 57, page 88, line 27, leave out from “- (a) to “report ends” and insert “an annual report on the implementation of an EDP”
Amendment 15: Clause 57, page 89, after (g) insert—
(h) overall progress in addressing the environmental impact of the development and ensuring an overall improvement in the conservation status of an identified environmental feature”.
Explanatory Notes: Adds a requirement to report overall progress in mitigating environmental impacts and enhancing conservation status.
Amendment 16: Clause 58, page 89, after subsection (1) insert—
(X) The EDP may only be amended under subsection (1) in such a way as to increase the environmental effectiveness of conservation measures and to increase the improvements for an identified environmental feature.
Explanatory Notes: Restricts changes to EDPs so that any amendments can only increase environmental effectiveness and improvements.
Amendment 17: Clause 59, page 90, subsection (2), after “an EDP” insert “as soon as possible and no later than 3 days”.
Explanatory Notes: Shortens the timeframe for notifying or implementing changes in EDPs to within 3 days.
Amendment 18: Clause 59, page 90, after subsection (2) insert—
(X) For the purposes of subsection (2) the Secretary of State must reconsider whether the EDP passes the overall improvement test whenever relevant evidence becomes available, taking a precautionary approach. Relevant evidence includes but is not limited to—
(a) any advice or report by Natural England,
(b) failure or delay of conservation measures included in the EDP, and
(c) new scientific evidence.
Explanatory Notes: requires the Secretary of State to reconsider an EDP’s overall improvement status whenever new evidence emerges, using a precautionary approach.
Amendment 19: Clause 59, page 91, replace subsection (6) with—
“Where the Secretary of State revokes an EDP, the Secretary of State must also carry out such actions as necessary to achieve the purpose mentioned in subsection (7).”
Amendment 20: Clause 59, page 91, subsection (7), delete “seek to” and insert “significantly”.
Explanatory Notes: Strengthens commitments by replacing “seek to” with “significantly,” demanding more definitive environmental improvements.
Amendment 21: Clause 60, in subsections (1)(a), 2(a), 3(a), 4(a), 5(a) and 6(a) after “judicial review” insert “or environmental review”
Explanatory Notes: Extends the scope of review procedures to include environmental reviews alongside judicial reviews.
Amendment 22: Clause 61, page 93, at the end of subsection (5) insert “for the purpose of securing significant improvements for the protected features”.
Explanatory Notes: Clarifies that measures are specifically aimed at achieving significant improvements for protected features.
Amendment 23: Clause 62, page 93, in subsection (2) delete “maintaining or” and “in a way that does not make development economically unviable”.
Explanatory Notes: Removes economic viability constraints from conservation measures, emphasizing environmental outcomes.
Amendment 24: Clause 64, page 94, in subsection (1)(a), delete “relating” and insert “proportionate”
Explanatory Notes: Ensures NRL payment is proportionate to impact, to incentivise developers to take measures to avoid and mitigate first, so that they pay a lower NRL fee.
Amendment 25: Clause 66, page 96, line 24, after “maintenance” insert “, monitoring,” and after “operational activities” insert “(including any associated overhead costs)”.
Explanatory Notes: Expands cost reporting to include both maintenance and monitoring (including overheads) for operational activities.
Amendment 26: Clause 81, page 108, line 36, at end add:
“(h) green infrastructure that delivers a network of multi-functional green and blue spaces and other natural features, urban and rural, which is capable of delivering a wide range of environmental, economic, health and wellbeing benefits for nature, climate, local and wider communities and prosperity.”
Amendment 27: Insert new clause
National Spatial Plan
Within twelve months of Royal Assent the Secretary of State must publish proposals for a National Spatial Plan.
The Secretary of State must consult publicly on the National Spatial Plan.
The purpose of the National Spatial Plan will be to ensure that the development of land balances long-term economic, social and environmental benefits, safeguards natural resources, and supports the needs of future generations in respect of land use.
The National Spatial Plan must identify at least 30% of land and inland waters in England to be managed or protected for nature, natural infrastructure or nature-based solutions.
The Plan should have regard to existing spatial frameworks such as the Land Use Framework, Strategic Spatial Energy Plans, and relevant spatial strategies.
The Plan should be revised and a new plan published no later than ten years after the most recent plan was published.
Explanatory notes: A long-term National Spatial Plan to ensure nature and climate objectives such as protecting 30% of land and freshwater for nature and achieving net zero are met alongside other objectives. The Government should bring forward a long-term National Spatial Plan from 2030 (looking to a 20-year horizon and updated every 10 years on a rolling basis) to ensure nature, climate and economic objectives are integrated and achieved. From a nature perspective, it should identify critical national natural infrastructure such as protected sites, irreplaceable habitats such as chalk streams, and at least 30% of land and freshwater for nature in England and the natural infrastructure or nature-based solutions needed alongside other infrastructure needs such as energy, transport, new towns, and other infrastructure plans and projects avoid impacts on important natural infrastructure. This plan would integrate existing spatial frameworks such as the Land Use Framework, Strategic Spatial Energy Plans, catchment plans, and other proposed spatial strategies.
Amendment 28: Insert the following new clause –
Sustainable Drainage Systems (SUDS) requirements
The Secretary of State must, within the period of six months beginning on the day this Act is passed, exercise the power under Schedule 3 of the Flood and Water Management Act 2010 to make the incorporation of sustainable drainage systems (SuDS) into new developments mandatory.’
Explanatory notes: This new clause would require the Secretary of State to bring into force the sustainable drainage
provisions of the Flood and Water Management Act 2010 and provide guidance on the building in of sustainable drainage in future developments. The increasing prevalence and destructiveness of flooding incidents are a consequence of climate change. Mandating Sustainable Drainage Systems (SuDS) via Schedule 3 would create a level playing field for all developers and guarantee their delivery. However, if SuDS implementation remains voluntary, adoption rates in built and natural environment projects are expected to be low. Consequently, the risk of damaging flooding will escalate with continued housing and infrastructure development.
Amendment 29: Insert the following new clause –
Irreplaceable habitats
(1) The Secretary of State must, within the period of six months beginning on the day this Act is passed, exercise the power conferred by section 333(2A) of, and paragraph 18 of Schedule 7A to, the Town and Country Planning Act 1990 to introduce regulations setting out a comprehensive list of irreplaceable habitats for planning purposes.
This list must include chalks streams.
This list must include all ancient woodlands, ancient and veteran trees.
(2) The regulations under (1) must be accompanied by guidance to local planning authorities on how to apply the list to inform development management and Biodiversity Net Gain application decisions.’
Amendment 30: ‘Insert the following new clause –
Nature and climate duty for the Forestry Commission and Forestry England
(1) In the exercise of their functions, Forestry Commission and Forestry England must take all reasonable steps to contribute to—
the achievement of targets set under sections 1 to 3 of the Environment Act 2021 and any interim targets set out in the Environmental Improvement Plan;
the achievement of targets set under Part 1 of the Climate Change Act 2008; and
the delivery of the programme for adaptation to climate change under section 58 of the Climate Change Act 2008.
Amendment 31: ‘Insert the following new clause –
Habitat conservation works
Within 1 year of this Act receiving Royal Assent, a Minister of the Crown must publish an assessment of the impact of adding habitat conservation works to the list of works to which permitted development rights apply, under The Town and Country Planning (General Permitted Development) (England) Order 2015.
In undertaking the review, the Minister must consider the impact this extension of permitted development rights would have on the achievability of targets set under section 1 to 3 of the Environment Act 2021.’
Amendment 32: ‘Insert the following new clause –
Construction Waste Target
(1) The Secretary of State must exercise the power in section 1(1) of the Environment Act 2021(“the 2021 Act”) so as to set a long-term target in respect of the resource efficiency and waste reduction priority area (section 1(3)(d) of the 2021 Act).
(2) The target set in accordance with subsection (1) must be in respect of waste from construction and demolition
(3) In subsection (2) “waste from construction and demolition” means waste of a type set out the table in the Schedule to The Environmental Targets (Residual Waste) (England) Regulations 2023’
Amendment 33: To move the following Clause —
“National Park Authorities
(1) Schedule 7 to the Environment Act 1995 is amended in so far as it applies to England as follows.
(2) In paragraph 1(3) after “must” insert “not”.
(3) In paragraph 2(3) omit “only at the request of that council”.
(4) After paragraph 2(4) insert—
“(4A) In appointing local authority members of a National Park authority, a principal council must have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949 and having specific expertise in nature recovery and other areas relevant to the delivery of those purposes; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.”
(5) After paragraph 3(2) insert—
“(2A) In appointing parish members of a National Park authority the Secretary of
State must have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949 and having specific expertise in nature recovery and other areas relevant to the delivery of those purposes; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.”
(6) After paragraph 4(1) insert—
“(1A) In appointing members of a National Park authority the Secretary of State must
have regard to the desirability of—
(a) the members (between them) having experience of, and having shown some capacity in, the purposes of National Parks specified in subsections (1) of section 5 of the National Parks and Access to the Countryside Act 1949 and having specific expertise in nature recovery and other areas relevant to the delivery of those purposes; and
(b) maintaining an overall balance between members with experience of and capacity in those purposes.”
Amendment 34: ‘Insert the following new clause –
Biodiversity Net Gain (BNG) for Nationally Significant Infrastructure Projects (NSIPs)
The Secretary of State must, within the period of six months beginning on the day this Act is passed, exercise the power under the s99 of the Environment Act 2021 to make the achievement of Biodiversity Net Gain mandatory for Nationally Significant Infrastructure Projects.’
Amendment 35: To move the following Clause –
“Swift bricks and boxes
(1) It must be a condition of any grant of planning permission that there must be a minimum of one swift brick or nest box per dwelling or unit greater than 5 metres in height.
(2) Swift bricks integrated into walls are to be installed in preference to external swift nest boxes wherever practicable, following best practice.
(3) A planning authority may grant planning permission with exceptions or modifications to the condition specified in subsection (1) in exceptional circumstances, following best practice.
(4) Where a planning authority grants exceptions or modifications, it must publish the exceptional circumstances in which the exceptions or modifications were granted.
(5) For the purposes of this section –
“swift brick” means an integral nest box integrated into the wall of a building suitable for the nesting of the Common Swift;
“swift nest box” means an external nest box suitable for the nesting of the Common Swift;
“best practice guidance” means the British Standard BS 42021:2022.”
Amendment 36: To move the following Clause –
(x) The Forestry Act 1967 is amended as follows. After Section 2(2)(c) insert -
"(d) at least 3 shall have special knowledge and experience of the achievement of targets set under sections 1 to 3 of the Environment Act 2021
(e) at least one shall be a person who has scientific attainments and a technical knowledge of climate change mitigation and climate adaptation."
In this section: