Legislation – Planning and Infrastructure Act 2025

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Part 3Development and nature recovery

Environmental delivery plans: reporting, amendment, revocation and challenge

71Challenging an EDP

(1)

A court may entertain proceedings for questioning an EDP or anything done, or omitted to be done, by the Secretary of State or Natural England in the course of preparing an EDP only if—

(a)

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

(b)

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

(2)

A court may entertain proceedings for questioning a decision of the Secretary of State not to make an EDP only if—

(a)

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

(b)

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)).

(3)

A court may entertain proceedings for questioning an amendment to an EDP only if—

(a)

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

(b)

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)).

(4)

A court may entertain proceedings for questioning a decision of the Secretary of State not to make an amendment to an EDP only if—

(a)

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

(b)

the claim form is filed before the end of the period of six weeks beginning with either—

(i)

in the case of a refusal to amend an EDP on the request of Natural England, the day on which the notice of the decision not to make the amendment is published (see section 68(7)), or

(ii)

in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to amend the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.

(5)

A court may entertain proceedings for questioning a revocation of an EDP only if—

(a)

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

(b)

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)).

(6)

A court may entertain proceedings for questioning a refusal by the Secretary of State to revoke an EDP only if—

(a)

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

(b)

the claim form is filed before the end of the period of six weeks beginning with either—

(i)

in the case of a refusal to revoke an EDP on the request of Natural England, the day on which the notice of the decision not to revoke the EDP is published (see section 69(3)), or

(ii)

in any other case, the earlier of the day on which Secretary of State publishes a notice of the decision not to revoke the EDP that sets out reasons for the decision and the day on which the person bringing the proceedings had notice of that decision and those reasons.