Legislation – Planning and Infrastructure Act 2025
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Schedule 5Amendments relating to Part 3
Part 1Ramsar sites: amendments to the Habitats Regulations 2017
1
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
2
In regulation 3 (interpretation), in paragraph (1)—
(a)
““the national Ramsar site series” means all the wetlands in the United Kingdom that have been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;”;
(b)
““Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by—
(a)
the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and
(b)
the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987;
but if that Convention is further amended after the passing of the Planning and Infrastructure Act 2025, the references to the Ramsar Convention in these Regulations are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;”.
3
In regulation 24 (assessment of implications for European sites)—
(a)
“(2A)
Where it appears to Natural England that a notice of a proposal under section 28E(1)(a) of the WCA 1981 relates to an operation which is or forms part of a plan or project situated wholly in England which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of that site,
it must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.
(2B)
In the light of the conclusions of the assessment, Natural England may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.”;
(b)
in the heading, at the end insert “and certain Ramsar sites”
.
4
In regulation 25 (sites of special scientific interest which become European sites: duty to review)—
(a)
in paragraph (1)—
(i)
“—
(a)”;
(ii)
“, or
(b)
a consent for an operation situated wholly in England has been given under section 28E(3)(a) of the WCA 1981 (or has effect as if given under that section) in relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a Ramsar site.”;
(b)
in paragraph (3)—
(i)
in sub-paragraph (a), after “24(1)” insert “or (2A)”
;
(ii)
in sub-paragraph (b), after “24(2)” insert “or (2B)”
;
(c)
in the heading, after “European sites” insert “or Ramsar sites”
.
5
In the italic heading before regulation 63, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”
.
6
In regulation 63 (assessment of implications for European sites and European offshore marine sites)—
(a)
“(1A)
A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project situated wholly in England which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of that site,
must make an appropriate assessment of the implications of the plan or project for that site in view of that site’s conservation objectives.”;
(b)
in paragraph (5), after “European site” insert “, the Ramsar site”
;
(c)
in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and (1A)”
;
(d)
in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”
.
7
In regulation 64 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”
.
8
In regulation 65 (review of existing decisions and consents) in paragraph (1)—
(a)
after “European site” insert “, a Ramsar site”
;
(b)
after “63(1)” insert “or (1A)”
.
9
In regulation 67 (co-ordination where more than one competent authority involved)—
(a)
in paragraph (2), after “(1)” insert “or (1A)”
;
(b)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”
;
(c)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”
.
10
In regulation 68—
(a)
the existing text becomes paragraph (1);
(b)
“(2)
Where in accordance with regulation 64—
(a)
a plan or project in England is agreed to, notwithstanding a negative assessment of the implications for a Ramsar site, or
(b)
a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment,
the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.”
11
In regulation 70 (grant of planning permission)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”
.
12
In regulation 72 (planning permission: consideration on review), in paragraph (3), after “European site” insert “, a Ramsar site”
.
13
In regulation 73 (planning permission: effect of orders made on review), in paragraph (6), after “European site” insert “, a Ramsar site”
.
14
(1)
In regulation 75 (general development orders)—
(a)
the existing text becomes paragraph (1);
(b)
“(2)
It is a condition of any planning permission granted by a general development order made by the Secretary of State on or after the day on which this paragraph comes into force that development which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of the site,
must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 77 (approval of local planning authority).”
(2)
In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert “or a street vote development order”
.
15
In regulation 76 (general development orders: opinion of appropriate nature conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or (2)(a)”
.
16
In regulation 77 (general development orders: approval of local planning authority), in paragraph (6), after “European site” insert “, the Ramsar site”
.
17
In regulation 79 (special development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”
.
18
In regulation 80 (local development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”
.
19
In regulation 81 (neighbourhood development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”
.
20
In regulation 82 (simplified planning zones)—
(a)
“(2A)
Where a simplified planning zone scheme for an area in England is adopted or approved, that scheme is not to be taken to grant planning permission for development which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of the site,
unless adopted or approved in accordance with the assessment provisions.”;
(b)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”
.
21
In regulation 83 (enterprise zones)—
(a)
“(2A)
Where an order designating an enterprise zone is made for an area wholly in England, or where a modified enterprise zone scheme is approved for such an area, that order or scheme is not to be taken to grant planning permission for development which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of the site,
unless made or approved in accordance with the assessment provisions.”;
(b)
“(4A)
Paragraph (2A) does not apply to an order made or a scheme approved before the day on which this paragraph comes into force.”;
(c)
in paragraph (5)(b), after “European site” insert “, a Ramsar site”
.
22
In regulation 84 (grant of development consent), in paragraph (2), after “European site” insert “, a Ramsar site”
.
23
In regulation 85 (development consent: review), in paragraph (1)(a), after “European site” insert “, a Ramsar site”
.
24
In regulation 85A (assumptions to be made about nutrient pollution standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”
.
25
In regulation 87 (construction or improvement of highways or roads), in paragraph (2)(b), after “European site” insert “, a Ramsar site”
.
26
“(4)
Section 3(10) of that Act is not to be taken to deem planning permission to be granted for development wholly in England which—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of the site,
whether or not the development authorised by the permission has been begun, unless the competent authority has agreed to the plan or project in accordance with the assessment provisions.”
27
In regulation 89 (consents under Electricity Act 1989: application of assessment and review provisions)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (6), after “European site” insert “, a Ramsar site”
;
(c)
in paragraph (8), after “European site” insert “, a Ramsar site”
.
28
In regulation 93 (authorisations under Pipe-lines Act 1962: application of assessment and review provisions)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”
;
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”
.
29
In regulation 97 (orders under Transport and Works Act 1992: application of assessment and review provisions)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (3), after “European site” insert “, a Ramsar site”
;
(c)
in paragraph (4), after “European site” insert “, a Ramsar site”
.
30
In regulation 101 (environmental permits)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (4), after “European site” insert “, a Ramsar site”
.
31
In regulation 102 (abstraction and works authorised under water legislation)—
(a)
in paragraph (3), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (6), after “European site” insert “, a Ramsar site”
.
32
In regulation 103 (marine works)—
(a)
in paragraph (2), after “European site” insert “, a Ramsar site”
;
(b)
in paragraph (4), after “European site” insert “, a Ramsar site”
.
33
In regulation 104 (derogations in relation to nitrate pollution prevention legislation), in paragraph (2), after “European site” insert “, a Ramsar site”
.
34
In regulation 105 (assessment of implications for European sites and European offshore marine sites)—
(a)
“(1A)
Where a land use plan relating to an area wholly in England—
(a)
is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b)
is not directly connected with or necessary to the management of the site,
the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.”;
(b)
in paragraph (4), after “European site” insert “, the Ramsar site”
;
(c)
in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”
.
35
In regulation 106 (assessment of implications for European site: neighbourhood development plans)—
(a)
in paragraph (3), after “European site” insert “or Ramsar site”
;
(b)
in the heading, for “site” substitute “sites and Ramsar sites”
.
36
In regulation 107 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”
.
37
In regulation 108 (co-ordination for land use plan prepared by more than one authority)—
(a)
in paragraph (2), after “(1)” insert “or (1A)”
;
(b)
in paragraph (3), after “105(1)” insert “or (1A)”
;
(c)
in paragraph (3)(a), after “European site” insert “, a Ramsar site”
;
(d)
in paragraph (3)(b), after “European site” insert “, a Ramsar site”
.
38
In regulation 109 (compensatory measures)—
(a)
the existing text becomes paragraph (1);
(b)
“(2)
Where in accordance with regulation 107 a land use plan is given effect notwithstanding a negative assessment of the implications for a Ramsar site, the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.”
39
In regulation 110A (assessments under this Chapter: required assumptions)—
(a)
in paragraph (5)(a), after “105(1)” insert “or (1A)”
;
(b)
in paragraph (5)(b), after “105(1)” insert “or (1A)”
.
Part 2Minor and consequential amendments related to Part 3
Wildlife and Countryside Act 1981
40
(1)
Section 16 of the Wildlife and Countryside Act 1981 (power to grant licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)).
(2)
“(6A)
The maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—
(a)
a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or
(b)
a licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).”
(3)
“(8ZA)
In this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.”
(4)
In subsection (8A), at the end insert “, but this is subject to subsection (8ZA).”
(5)
In subsection (9), in the words before paragraph (a), after “subsections” insert “(8ZA),”
.
Town and Country Planning Act 1990
41
The Town and Country Planning Act 1990 is amended as follows.
42
In section 74A (deemed discharge of planning conditions), in subsection (2A)—
(a)
“—
(a)”;
43
“—
(a)
(b)
”.
Protection of Badgers Act 1992
44
(1)
Section 10 of the Protection of Badgers Act 1992 (licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)).
(2)
In subsection (1)—
(a)
in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”
;
(b)
“(fa)
in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”
(3)
“(1A)
In the case of a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, the reference in subsection (1) to the appropriate conservation body is to be read as a reference to the Secretary of State.”
(4)
In subsection (2)—
(a)
in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”
;
(b)
“(e)
in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.”
(5)
“(2A)
In the case of a licence that, by virtue of paragraph 6 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under subsection (2)(d) or (e), the reference in subsection (2) to the appropriate Minister is to be read as a reference to Natural England.”
(6)
In subsection (6), for “or (d)” substitute “, (d) or (e)”
.
(7)
“(8A)
A licence granted under this section in relation to an area in England—
(a)
may be, to any degree, general or specific;
(b)
may be granted either to persons of a class or to a particular person;
(c)
may be modified at any time by the authority by whom it was granted;
(d)
is to be valid for the period specified in the licence.
(8B)
A fee may be charged for granting a licence in relation to an area in England under this section.”
(8)
“(9A)
Natural England or the Secretary of State must not grant a licence under this section in relation to an area in England unless satisfied—
(a)
that there is no other satisfactory solution, and
(b)
that the grant of the licence is not detrimental to the survival of any population of badgers.”
Marine and Coastal Access Act 2009
45
(1)
The Marine and Coastal Access Act 2009 is amended as follows.
(2)
“(12A)
This section does not apply to the exercise by a public authority of functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”
(3)
“(aa)
was done by a public authority exercising functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery);”.
Environmental Assessment of Plans and Programmes Regulations 2004
46
“(aa)
an environmental delivery plan, within the meaning of Part 3 of the Planning and Infrastructure Act 2025;”.
Conservation of Habitats and Species Regulations 2017
47
The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
48
In regulation 9 (duties relating to compliance with the Directives)—
(a)
“(2A)
Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”;
(b)
“(3A)
Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.”
49
“(10A)
The maximum time period for a licence set out in paragraph (10) does not apply to—
(a)
a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or
(b)
a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55.”
50
In regulation 58 (relevant licensing body)—
(a)
in paragraph (2), at the beginning insert “Subject to paragraph (2A),”
;
(b)
“(2A)
In the case of a licence granted to Natural England under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.”;
(c)
in paragraph (3), at the beginning insert “Subject to paragraph (4A),”
;
(d)
“(4A)
In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—
(a)
so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and
(b)
otherwise, Natural England.”;
(e)
in paragraph (6), for “paragraph (2)” substitute “this regulation”
;
(f)
“(7)
In paragraph (2A), “conservation measure” has the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”
51
“(1A)
But the requirements of the assessment provisions and the review provisions do not apply in relation to an environmental delivery plan or any conservation measures under it.
(1B)
In paragraph (1A), “environmental delivery plan” and “conservation measures” have the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).”
52
“See also paragraph 1 of Schedule 3 to the Planning and Infrastructure Act 2025 (environmental delivery plans: effect on environmental obligations).”