Legislation – Planning and Infrastructure Act 2025

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));

(b)

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)).

(3)

Natural England may publish a report on an EDP at any other time.

(4)

A report under subsection (1) or (2) must be published before the end of the period of two months beginning with the day on which the period covered by the report ends.

(5)

A report under subsection (1) or (2) must state—

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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));

(f)

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

(g)

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

(6)

A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.

(7)

A report under subsection (1)(b) (final report) must also include—

(a)

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

(b)

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).

(8)

A report under subsection (2) (revocation report) must also include—

(a)

an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 65 as if—

(i)

the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section 70(4));

(ii)

the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;

(b)

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.

(9)

Natural England must have regard to guidance issued by the Secretary of State about reports on an EDP.

(10)

In this section—

“the EDP midpoint” means the point in time that falls halfway between the EDP start date and the EDP end date;

“the revocation date” means the date on which the EDP is revoked, as set out in the notice under section 69(5).