Legislation – Planning and Infrastructure Act 2025

the environmental features that are likely to be negatively affected by the development,

the conservation measures that are to be taken by or on behalf of Natural England in order to protect those environmental features,

the amount of the nature restoration levy payable by developers to Natural England to cover the cost of those conservation measures (see sections 62 and 72 to 81), and

the environmental obligations in relation to development that are discharged, disapplied or otherwise modified if a developer pays the nature restoration levy in relation to the development (see section 72 and Schedule 3).

sections 60 to 63 make provision about the required contents of an environmental delivery plan;

sections 64 to 66 make provision about the procedure for making an environmental delivery plan;

sections 67 to 71 make provision about reporting on, amending, revoking and challenging an environmental delivery plan.

the area in which the development may be undertaken (the “development area”), and

the kind of development.

England, or

the waters adjacent to England up to the seaward limits of the territorial sea.

provide that it does not apply to development in specified areas within the development area, or

specify as the development area an area that is comprised of separate parcels of land.

include a map showing the boundaries of the development area, and

set out the reasons for its application to the development area and, where relevant, the reasons for excluding any area under subsection (3)(a).

the area covered by the development,

measurements of floor space,

numbers of buildings or of units within buildings,

values or expected values, or

in the case of development that is a nationally significant infrastructure project within the meaning of the Planning Act 2008, any measurement of the scale of the project that is used for the purposes of Part 3 of that Act.

the date on which it comes into force (the “EDP start date”), and

the date on which it expires (the “EDP end date”), which must be before the end of the period of ten years beginning with the EDP start date.

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”).

a protected feature of a protected site, or

a protected species.

address the environmental impact of development on the identified environmental feature, and

contribute to an overall improvement in the conservation status of the identified environmental feature (see also section 65(3)).

how much the conservation measures are expected to cost, and

how the conservation measures are to be maintained,

why Natural England considers the conservation measures to be appropriate,

Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and

what alternatives to the conservation measures were considered by Natural England and why they were not included.

regulation 55 of the Habitats Regulations 2017,

section 16 of the Wildlife and Countryside Act 1981, or

section 10 of the Protection of Badgers Act 1992,

preparing an EDP, or

considering requesting an amendment to an EDP.

notify the Secretary of State of that decision, and

publish the notification given to the Secretary of State.

the Environment Agency,

the Joint Nature Conservation Committee,

any local planning authority for an area that is wholly or partly within the development area,

any local highway authority for an area that is wholly or partly within the development area,

any strategic highways company for an area that is wholly or partly within the development area,

Network Rail Limited, if the development area includes all or part of its network,

the Mayor of London, if all or part of the development area is in Greater London,

if the development area includes all or part of the area of a mayoral combined authority, the mayor of the authority,

if the development area includes all or part of the area of a mayoral combined county authority, the mayor of the authority,

the Marine Management Organisation, if all or part of the development area is in the waters adjacent to England,

if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,

if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,

any other public authority Natural England considers should be consulted, and

any other public authority specified in regulations made by the Secretary of State.

copies of all responses to the consultation, and

Natural England’s response to the consultation and details of any further consultation.

publish the EDP, or

direct Natural England to publish it.

a report on an EDP covering the period from the EDP start date to the EDP midpoint, and

a report on an EDP covering the period from the EDP midpoint to the EDP end date.

where the EDP is revoked before the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP start date and ending with the revocation date (instead of publishing the reports under subsection (1));

where the EDP is revoked after the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP midpoint and ending with the revocation date (instead of publishing the report under subsection (1)(b)).

how much of the maximum amount of development available under the EDP (see section 60(5)) remains available;

the amounts of nature restoration levy received by Natural England under the EDP;

whether the conservation measures have been implemented and if not, why not;

whether the conservation measures are having, or have had, their intended effect;

what the conservation measures are costing, and how this compares with what they were expected to cost as set out in the EDP (see section 61(9));

whether the rates or other criteria set out in each charging schedule have been amended or are expected to be amended;

whether anything else in the EDP has been amended or is expected to be amended.

an assessment of whether the EDP has passed the overall improvement test, and

if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 65(4).

if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.

on a request from Natural England, or

on the Secretary of State’s own initiative.

increases the maximum amount of development to which the EDP may apply, as specified under section 60(5),

changes the development area to include a new area to which the EDP does not currently apply, or

adds new conservation measures that are of a kind not currently included in the EDP,

Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or

the Secretary of State is minded to make such an amendment,

follow the consultation procedure set out in section 64, and

publish the EDP as amended, or

direct Natural England to publish it.

on a request from Natural England, or

on the Secretary of State’s own initiative.

to revoke different parts of the EDP at different times;

to revoke the EDP, or parts of the EDP, at different times in relation to different developments.

the fact that the EDP has been revoked and the date of revocation (the “EDP revocation date”),

where only part of the EDP is revoked or different parts of the EDP are revoked at different times or in relation to different developments, details of how the revocation is to take effect, and

the reasons for the revocation.

the extent of the negative effect on the conservation status of the identified environmental feature,

the extent to which the remedial action would remedy that negative effect, and

the cost of the remedial action.

taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;

taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.

the remedial action that the Secretary of State intends to take, and

the effect that the remedial action is expected to have on the identified environmental feature.

the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and

whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).

that report must set out when the measures are expected to be fully implemented, and

the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.

the proceedings are brought by a claim for judicial review, and

the claim form is filed during the period of six weeks beginning with the day on which the EDP is published (see section 66).

the proceedings are brought by a claim for judicial review, and

the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of the decision not to make the EDP is published (see section 65(7)).

the proceedings are brought by a claim for judicial review, and

the claim form is filed before the end of the period of six weeks beginning with the day on which the amended EDP is published (see section 68(9)).

the proceedings are brought by a claim for judicial review, and

the proceedings are brought by a claim for judicial review, and

the claim form is filed before the end of the period of six weeks beginning with the day on which the notice of revocation is published (see section 69(5)).

the proceedings are brought by a claim for judicial review, and

an environmental impact of development on a protected feature of a protected site being disregarded for the purposes of obligations under the Habitats Regulations 2017, the Wildlife and Countryside Act 1981 or the Marine and Coastal Access Act 2009;

a developer being treated as having been granted a licence under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992.

in a case where the feature is a protected feature of a European site or a Ramsar site, the developer does not have the option of ensuring that any actions relating to the development comply with Part 6 of the Habitats Regulations instead of paying the levy;

in a case where the feature is a protected feature of a marine conservation zone, the developer does not have the option of satisfying the public authority determining an application relating to the development of the matters mentioned in section 126(6) or (7) of the Marine and Coastal Access Act 2009 instead of paying the levy;

in a case where the feature is a protected species, the developer does not have the option of applying for a licence directly under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992 (as the case may be) instead of paying the levy.

who is liable to pay the levy, and

when liability to pay arises.

how and when a person may assume liability;

withdrawal of assumption of liability;

cancellation of assumption of liability by Natural England.

about joint, several and partial liability and the liability of partnerships;

about the transfer of liability.

the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates;

matters specified in the regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of the grant of a consent for development or the imposition of the levy);

other actual or expected sources of funding for those conservation measures.

to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with an EDP;

to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;

to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;

to produce charging schedules having effect in relation to specified periods (subject to revision).

permit or require charging schedules to operate by reference to descriptions or purposes of development;

permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings or of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);

permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;

permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;

permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;

provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.

who may make an appeal,

the court, tribunal or other person who is to determine an appeal,

the period within which the right of appeal may be exercised,

the procedure on an appeal, and

the payment of fees, and award of costs, in relation to an appeal.

conservation measures that may be, or may not be, funded by the nature restoration levy;

maintenance and operational activities in connection with conservation measures that may be, or may not be, funded by the levy;

what is to be, or not to be, treated as funding.

require Natural England to prepare and publish a list of conservation measures that are to be, or may be, wholly or partly funded by the nature restoration levy;

include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);

include provision about the circumstances in which Natural England may and may not spend money received by virtue of the nature restoration levy on anything not included on the list.

permit money received by virtue of the nature restoration levy to be used to reimburse expenditure already incurred;

permit such money to be reserved for expenditure that may be incurred in the future;

permit such money to be used (either generally or subject to limits set by or determined in accordance with the regulations) for administrative expenses in connection with an EDP;

make provision for funding to extend beyond the EDP end date;

make provision for the giving of loans, guarantees or indemnities;

make provision about the use of money received by virtue of the nature restoration levy where anything for which it was to be used no longer requires funding;

make provision about the use of money received by virtue of the nature restoration levy in a case where the EDP under which the levy was paid is revoked.

require Natural England to account separately, and in accordance with the regulations, for any money received or due by virtue of the nature restoration levy;

require Natural England to monitor the use made and to be made of such money;

require Natural England to report on actual or expected charging, collection and use of money received by virtue of the nature restoration levy;

permit or require Natural England to pass money to another public authority (and in paragraphs (a) to (c) a reference to Natural England includes a reference to a person to whom Natural England passes money in reliance on this paragraph).

on account;

by instalments.

replicate or apply (with or without modifications) any enactment relating to the collection of a tax;

confer a discretion on Natural England or a collecting authority to determine any matter.

for the payment of interest;

for the imposition of a penalty or surcharge;

conferring a power of entry onto land;

requiring the provision of information;

creating a criminal offence (including, in particular, an offence relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information);

conferring power to prosecute an offence;

for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);

conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);

for enforcement in the case of death or insolvency of a person liable to pay the nature restoration levy.

for the creation of local land charges;

for the registration of local land charges;

for making entries in statutory registers;

for the cancellation of charges and entries.

replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;

provide for appeals.

imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

imprisonment for a term exceeding 2 years, on conviction on indictment.

in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

in relation to an offence committed after that time, 51 weeks.

to a person who has failed to satisfy a liability to pay the nature restoration levy, or

in other circumstances specified by the regulations.

the time and manner in which a claim for compensation is to be made, and

the sums, or the method of determining the sums, payable by way of compensation.

administering EDPs;

taking conservation measures, and doing anything else that Natural England considers necessary to implement EDPs;

monitoring EDPs.

the effectiveness of the conservation measures that have been implemented, and

the effects of the EDP in general.

must be exercised at a reasonable hour;

may not be exercised in relation to a private dwelling.

if the land is held by a statutory undertaker, the notice must be at least 21 days;

in any other case, the notice must be at least 24 hours.

that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling in connection with the exercise by Natural England of any function conferred by or under this Part, and

if the land is held by a statutory undertaker, the notice must be at least 21 days;

in any other case, the notice must be at least 24 hours.

be accompanied by a copy of the warrant, or

if no warrant has yet been issued, state that Natural England intends to apply for a warrant.

within the period of three months starting with the date of its issue;

at a reasonable hour.

the notice under section 83(3) or 84(3), or

if the land is unoccupied, a notice given to every owner of the land that the person is able to identify after taking reasonable steps to do so.

carrying out an aerial survey;

leaving apparatus on the land in question;

searching for flora or fauna;

carrying out exploratory works for purposes connected with the taking of a conservation measure.

the land in question is held by a statutory undertaker, and

the undertaker objects to anything proposed to be done in exercise of the power of entry on the ground that doing it would be seriously detrimental to the undertaker carrying on its undertaking.

on summary conviction, to a fine;

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both.

which constitutes a trade secret, or

the disclosure of which would or would be likely to prejudice the commercial interests of any person.

that there are reasonable grounds for entering and surveying or investigating any land except a private dwelling for remedial action purposes, and

that a condition specified in section 84(1)(b)(i), (ii) or (iii) is met (reading the reference to an authorised person in subsection (1)(b)(i) as a reference to a person authorised by the relevant authority).

section 83(2) to (6) (notice requirement etc);

section 84(3) to (10) and the definition of “statutory undertaker” in subsection (11) of that section (requirements for execution of warrant);

section 85(1) to (8) (further provision about powers of entry);

section 86 (compensation);

section 87 (offences).

a conservation measure as mentioned in section 70(4)(a), or

any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).

the Secretary of State, or

a public authority to which the Secretary of State has given a direction under section 70(4)(a) or (b).

land or new rights over land are being acquired compulsorily under subsection (1), and

any of the land which is being acquired, or over which new rights are being acquired, is land which has been acquired by statutory undertakers for the purposes of their undertaking.

land or new rights over land are being acquired compulsorily under subsection (1), and

any of the land which is being acquired, or over which new rights are being acquired, is or forms part of a common, open space or allotment.

a conservation measure as mentioned in section 70(4)(a), or

any other measure to improve the conservation status of an identified environmental feature as mentioned in section 70(4)(b).

for a designated person to replace Natural England, or

for Natural England or a designated person to exercise functions under this Part only in relation to an area or a kind of development specified in the regulations.

Natural England and a designated person;

two or more designated persons.

property, rights and liabilities that could not otherwise be transferred;

property acquired, and rights and liabilities arising, after the making of the scheme;

criminal liabilities.

create rights, or impose liabilities, in relation to property or rights transferred;

make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the transferee;

make provision for the shared ownership or use of property;

make provision which is the same as or similar to the TUPE regulations;

make other consequential, supplementary, incidental or transitional provision.

for modifications by agreement;

for modifications to have effect from the date when the original scheme came into effect.

references to rights and liabilities include rights and liabilities relating to a contract of employment;

references to the transfer of property include the grant of a lease.

an individual who holds employment in the civil service of the State is to be treated as employed by virtue of a contract of employment, and

the terms of the individual’s employment in the civil service of the State are to be treated as constituting the terms of the contract of employment.

Natural England or the Secretary of State is exercising any functions in relation to the preparation, amendment or revocation of an EDP, or

the Secretary of State is considering whether to take, or is taking, remedial action under section 70.

the development plan for the development area,

the current environmental improvement plan,

any Environment Act strategies, and

any other strategies or plans,

any marine plan,

the marine policy statement, and

the UK marine strategy,

an EDP includes as an identified environmental feature a protected feature of a protected site, and

the EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures).

the provision of information to Natural England;

the imposition or variation of a condition of development;

assistance with the implementation of conservation measures.

a court or tribunal,

either House of Parliament, or

a person exercising a parliamentary function.

Part 1 amends the Habitats Regulations 2017 to provide that, for certain purposes, Ramsar sites are treated in the same way as European sites;

Part 2 makes amendments related to, or consequential on, provision made by this Part.

nature restoration levy regulations,

regulations under section 92 (power to designate person to exercise functions of Natural England), or

regulations under section 96(2) (consequential amendments) which amend an Act,

may make different provision for different purposes or areas;

may make transitional, transitory or saving provision;

may make incidental, supplementary or consequential provision.

no contravention of any provision of regulations under this Part is to make the Crown criminally liable;

regulations under this Part may not confer a power of entry over Crown land unless the regulations require a person who may exercise such a power to obtain the permission of the appropriate authority before the power is exercised.

a person appearing to the person seeking entry to be entitled to give it, or

the appropriate authority.

a person appearing to the person seeking entry to be entitled to give it, or

the appropriate authority.

the person seeking to exercise that power is a person authorised by the Secretary of State, and

the appropriate authority is a government department or the Secretary of State.

section 85(7) to (10) (further provision about powers of entry);

section 87 (offences).