Legislation – Planning and Infrastructure Act 2025
Part 3Development and nature recovery
Environmental delivery plans: procedure
64Draft EDP: notification and consultation
(1)
When Natural England decides to prepare an EDP, it must—
(a)
notify the Secretary of State of that decision, and
(b)
publish the notification given to the Secretary of State.
(2)
After preparing a draft EDP, Natural England must publish the draft for public consultation and seek the views of the following—
(a)
the Environment Agency,
(b)
the Joint Nature Conservation Committee,
(c)
any local planning authority for an area that is wholly or partly within the development area,
(d)
any local highway authority for an area that is wholly or partly within the development area,
(e)
any strategic highways company for an area that is wholly or partly within the development area,
(f)
Network Rail Limited, if the development area includes all or part of its network,
(g)
the Mayor of London, if all or part of the development area is in Greater London,
(h)
if the development area includes all or part of the area of a mayoral combined authority, the mayor of the authority,
(i)
if the development area includes all or part of the area of a mayoral combined county authority, the mayor of the authority,
(j)
the Marine Management Organisation, if all or part of the development area is in the waters adjacent to England,
(k)
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,
(l)
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,
(m)
any other public authority Natural England considers should be consulted, and
(n)
any other public authority specified in regulations made by the Secretary of State.
(3)
The Secretary of State may by regulations require a public authority specified in the regulations to respond to the consultation within the consultation period.
(4)
Natural England need not have regard to any consultation responses received after the end of the consultation period.
(5)
The consultation period is the period of 28 working days beginning with the day on which the draft EDP is published for consultation, or such longer period as is specified in regulations made by the Secretary of State.
(6)
If, after considering the responses to the consultation, Natural England amends the draft EDP, it may (but is not obliged to) reconsult.
(7)
In this section—
“local highway authority” has the meaning given by section 329(1) of the Highways Act 1980;
“mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;
“mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;
“network” has the meaning given by section 83(1) of the Railways Act 1993;
“strategic highways company” has the meaning given by section 329(1) of the Highways Act 1980.
(8)
In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.