The UK government has softened its stance on controversial environmental reforms in the Planning & Infrastructure Bill, following sustained pressure from environmental charities, wildlife organisations and campaigners. James Clark, partner in the planning and environment team at Foot Anstey, examines the key questions surrounding the legislation
The landmark Planning & Infrastructure Bill, which is currently making its way through Parliament, aims to streamline planning and infrastructure delivery. The bill has faced criticism for prioritising development at the expense of environmental protections.
Critics had labelled Part 3 of the bill “cash to trash,” arguing it would allow developers to sidestep on-site environmental mitigation by paying into a central fund. In response, the government has tabled a series of amendments to the bill which are aimed at strengthening oversight and accountability -though the core framework remains largely unchanged.
Under the revised proposals, Natural England will still be responsible for preparing Environmental Delivery Plans (EDPs) in England. These plans are intended to deliver environmental mitigation at a strategic level, enabling developers to contribute to a Nature Restoration Fund (NRF) rather than providing site-specific mitigation.
However, the amendments to the bill introduce several new safeguards of note. These adjustments include:
The Overall Improvement Test
A key amendment clarifies that the secretary of state may only approve an EDP if satisfied that the conservation measures set out will materially outweigh the negative effects of development on the conservation status of each identified environmental feature.
The government has made it clear that measures which could result in harm to irreplaceable habitats would never pass the Overall Improvement Test.
Backup measures and monitoring
EDPs must now include contingency measures in case primary mitigation efforts fail. Natural England will be required to monitor the effectiveness of each measure and take remedial action where necessary.
Remedial action and oversight
Each EDP will be subject to midpoint and endpoint assessments to determine whether it continues to meet the statutory Overall Improvement Test.
If the endpoint assessment finds the test has not been met, the secretary of state must take proportionate action to address the shortfall.
Evidence and transparency
Plans must now clearly set out the timing and sequencing of conservation measures, aligned with the phasing of development. Crucially, certain measures must be in place before development can proceed.
Public consultation on amendments
Any significant changes to an approved EDP will require public consultation, adding a layer of transparency and accountability.
Limits on network-level measures
EDPs can only be used to deliver network-level (ie offsite) mitigation where Natural England determines that doing so would result in greater environmental benefit than addressing impacts locally.
A cautious rollout expected
Even if the bill – containing these proposals – receives Royal Assent, the rollout of EDPs is expected to be gradual. Rather than launching broad, multi-feature plans, Natural England is likely to begin with smaller, issue-specific EDPs, such as those targeting nutrient pollution in sensitive catchments.
The risk of all-encompassing EDPs coming forward that would benefit developers across England and cover all types of environmental features appears unlikely.
Legal and practical uncertainty
While the amendments may reassure some stakeholders, they also introduce complexity and could act as a double-edged sword.
The additional requirements could make it more difficult for Natural England to bring forward EDPs at pace. There is also a real risk that EDPs will become entangled in legal challenges, particularly around the interpretation of the Overall Improvement Test and the adequacy of proposed mitigation.
The government’s amendments represent a tactical retreat, offering stronger checks and balances without abandoning the centralised mitigation model. Whether this will be enough to win over critics remains to be seen.
As the bill continues its passage through Parliament, the tension between environmental ambition and planning pragmatism is far from resolved. Can the new safeguards proposed by the government reconcile these competing priorities?
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