Legislation – Planning and Infrastructure Act 2025

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Schedules

Schedule 3Environmental delivery plans: effect on environmental obligations

Section 72(4)

Protected sites: assessments under Part 6 of the Habitats Regulations 2017

1 (1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of a European site or a Ramsar site, and

(b)

a developer has committed to pay, in respect of a development, such amount of the nature restoration levy set out in a charging schedule to the EDP as applies in relation to an environmental impact of the development on that protected feature.

(2)

The environmental impact of the development on the protected feature is to be disregarded for the purposes of Part 6 of the Habitats Regulations 2017.

Protected sites: SSSIs

2 (1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of an SSSI, and

(b)

(2)

The environmental impact of the development on the protected feature is to be disregarded for the purposes of—

(a)

a determination by Natural England on whether to give consent (and if so on what terms) under section 28E of the Wildlife and Countryside Act 1981 or withdraw or modify any such consent,

(b)

a determination by the Secretary of State of an appeal under section 28F of that Act (appeals in connection with consents),

(c)

section 28H of that Act (statutory undertakers etc: duty in relation to carrying out operations),

(d)

section 28I of that Act (statutory undertakers etc: duty in relation to authorising operations), and

(e)

section 28P(2) and (5A) of that Act (offences in connection with sections 28H and 28I of that Act).

Protected sites: marine conservation zones

3 (1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a protected feature of a marine conservation zone, and

(b)

(2)

The environmental impact of the development on the protected feature is to be disregarded for the purposes of—

(a)

section 125 of the Marine and Coastal Access Act 2009 (general duties of public authorities in relation to MCZs) insofar as it applies to any function of a public authority of determining an application (whenever made) relating to the development, and

(b)

section 126 of that Act (duties of public authorities in relation to certain decisions).

Protected species: licences under Part 5 of the Habitats Regulations 2017

4 (1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a species listed in Schedule 2, 4 or 5 to the Habitats Regulations 2017, and

(b)

(2)

A licence under regulation 55(1) of the Habitats Regulations 2017, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the relevant licensing body (see regulation 58(4A) of those Regulations).

Protected species: licences under Part 1 of the Wildlife and Countryside Act 1981

5 (1)

Sub-paragraph (2) applies where—

(a)

an environmental feature identified in an EDP in accordance with section 61(1)(a) is a species protected by Part 1 of the Wildlife and Countryside Act 1981, and

(b)

(2)

A licence under section 16(3)(j) of the Wildlife and Countryside Act 1981, relating to the protected species and on the terms set out in the EDP, is to be treated as having been granted to the developer by the appropriate authority (see section 16(8A) and (9) of that Act).

Protected species: licences under the Protection of Badgers Act 1992

6 (1)

Sub-paragraph (2) applies where—

(a)

badgers are identified in an EDP as an environmental feature in accordance with section 61(1)(a), and

(b)

(2)

A licence under section 10 of the Protection of Badgers Act 1992, on the terms set out in the EDP, is to be treated as having been granted by Natural England to the developer.