Nature, housing and infrastructure 

As part of the government’s commitment to ‘getting Britain building again’, on the 15 December 2024, it launched a working policy paper entitled ‘Development and Nature Recovery’.

The working paper invites views on proposals for a new approach to how housing and infrastructure development can meet its environmental obligations and contribute to nature recovery but in a way that reduces cost and delay.  It reflects the current government’s aim to build 1.5 million homes over the next five years.

If taken forward, the government would use the Planning and Infrastructure Bill to implement these changes.

The government proposes three main steps for achieving these aims:

1. Shifting to strategic action - addressing environmental impacts through a single strategic assessment and delivery plan rather than multiple project specific assessments.

2. Securing strategic environmental action through the public sector-to be delivered through a suitable public delivery body (for example, Natural England for nutrient pollution), removing the need for actions to be taken by developers on a case by case basis.

3. A fund for developers - requiring impacts to be dealt with strategically through a financial payment into a Nature Restoration Fund, which would deliver environmental improvements in line with the relevant delivery plans. Where a proposed development is covered by a delivery plan, developers would not go through the existing environmental assessment process for impacts covered by the delivery plan. Instead, they would meet their relevant environmental obligations through a single payment, which would contribute to delivery of the strategic actions identified in the delivery plan. This would allow developers to build quicker and simpler without environmental impacts.

The working paper includes three case studies which demonstrate how the proposals could be used in respect of nutrient neutrality, compensation for harm to protected sites and species licensing. 

The government envisages that these proposals will be supported, by a new environmental outcomes report regime, which will replace the environmental impact assessment and strategic environmental assessment regimes.

The working paper also clarifies that the proposals are in addition to and sit outside requirements for biodiversity net gain.

While the working paper is not a formal consultation it is intended to inform discussions with communities and relevant stakeholders to ‘deliver win-win for development and the environment’

The working paper can be found here.

The working paper is part of a series of government working papers on planning reform, which we anticipate being released over the next few months. 

TLT's opinion

There have been a number of challenges in obtaining planning permission over the last few years due to environmental barriers, such as nutrient neutrality.

The acknowledged need for housing has to be carefully balanced within environmental factors, but this is a significant factor in slowing down the planning process. The working paper demonstrates a more simple, pragmatic and consistent approach which is likely to be welcomed, particularly by developers as well as satisfying environmental factors.

If the government wants to achieve its aim of building 1.5 million homes in the next 5 years, making the system less bureaucratic is essential as well as ensuring that any delivery vehicles are sufficiently resourced. 

TLT has extensive experience on advising developers on planning and environmental matters. If you would like to discuss further, please get in touch.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at January 2025. Specific advice should be sought for specific cases. For more information see our terms & conditions.