Legislation – Planning and Infrastructure Act 2025

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Part 3Development and nature recovery

The nature restoration levy

75Amount of the levy

(1)

When considering the rates or other criteria to be set out in a charging schedule (see section 62(1)) in the course of preparing an EDP, Natural England must have regard, to the extent and in the manner specified by nature restoration levy regulations, to—

(a)

the actual and expected costs of the conservation measures relating to the environmental impact of development on the environmental feature to which the charging schedule relates;

(b)

matters specified in the regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of the grant of a consent for development or the imposition of the levy);

(c)

other actual or expected sources of funding for those conservation measures.

(2)

Nature restoration levy regulations may make other provision about rates or other criteria.

(3)

The regulations may, in particular, permit or require Natural England—

(a)

to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with an EDP;

(b)

to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;

(c)

to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;

(d)

to produce charging schedules having effect in relation to specified periods (subject to revision).

(4)

The regulations may permit or require charging schedules to adopt specified methods of calculation.

(5)

In particular, the regulations may—

(a)

permit or require charging schedules to operate by reference to descriptions or purposes of development;

(b)

permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings or of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);

(c)

permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;

(d)

permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;

(e)

permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;

(f)

provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.

(6)

The regulations may require Natural England to provide in specified circumstances an estimate of the amount of the nature restoration levy chargeable in respect of development of land.