Nottinghamshire Wildlife Trust discuss why the Government’s Planning and Infrastructure Bill

Nature matters to people and the planning system is one of the key tools, alongside specific wildlife laws, that has helped protect nature for the last eight decades, writes Erin McDaid of the Nottinghamshire Wildlife Trust.

Granted, the system is complex, has many faults, and wildlife and wild habitats have continued to decline over that period, but that surely doesn’t mean we should throw the baby out with the bath water when looking at measures to speed up development.

The Government has made clear its absolute determination to ‘get Britain building’, and earlier this month published the Planning and Infrastructure Bill. Alongside its drive for more development and speed up the planning process, the Government has sought to give reassurance that it remains committed to restoring nature. So, does the Bill go far enough in terms of striking the right balance?

Having promised the Bill would land ‘in the spring’, the sense of urgency for shake up this area of policy has been illustrated by the early arrival of the draft legislation.

While colleagues with far greater expertise than I are now reviewing the detailed proposals and implications, I can at least offer an insight into The Wildlife Trusts’ initial assessment of the Bill.

One of the most striking aspects is a proposed new approach to delivering against nature laws is the creation of Environmental Delivery Plans (EDPs) which would consider strategic level environmental impact of development.

For example, if a large development would likely increase nutrient pollution in a river catchment, developers would be able to pay a levy into the Nature Restoration Fund, which would be used to pay for measures needed to reduce pollution in order to meet legal environmental obligations.

Considering The Wildlife Trusts’ vocal opposition to nature laws, you might have expected us to be shouting our concerns about the latest proposals from the rooftops.

A key reason we’re not gone immediately into battle mode is that when the new approach was first mooted by the Government back in July 2024, they committed to engaging with wildlife organisations and to only amending legislation where it would demonstrably deliver “positive environmental outcomes”.

Since then, we've been actively engaging with the Government over potential changes and the proposed legislative changes published on 11 March are markedly better than the previous attempt.

They incorporate several safeguards, most notably the inclusion of an “overall improvement test” – designed to ensure that nature is better off as a result of development.

While the detailed wording needs improving, it at least provides a reasonable basis for ensuring that the new approach would uphold vital nature laws.

Finally, Wildlife Trusts are already demonstrating the benefits that a more strategic approach to mitigating nutrient pollution is having, with wildlife benefits secured on top of pollution reductions.

Approaches that deliver high quality development and benefits for nature are also highlighted in our report ‘Swift and wild: How to build houses and restore nature together’ which also underlines the need for development to contribute to achieving environmental targets, including net-zero and protecting 30% of land for nature by 2030.

It is crucial that Natural England, the body likely to be charged with developing the EDPs, learn from these positive examples as it refines the approach.

While not immediately minded to take to the streets, we are not complacent and plan to hold the Government’s feet to the fire on this issue. Our recent briefing for MPs highlighted a number of ways in which safeguards need strengthening. It also made clear that the approach must be based on scientific evidence and lead to genuine improvements for wildlife.

Central to our briefing is the principal of upholding the mitigation hierarchy currently used when making planning decisions. The priority musty still be to protect nature and to demand evidence that any strategic mitigation approaches are likely to succeed. However, applying these principles will mean that the UK Government’s proposed new approach will not work for everything, including bats – so alternative solutions must be found in these cases to ensure wildlife protections are not undermined.

It is also vital that the upcoming spending review ensures that Natural England has the capacity, skills and resources to ensure that the approach is designed to deliver ‘win-win’ outcomes for nature and development. The new system can’t become a de-facto menu pricing approach - with only lip service paid to the needs of nature – and we're determined to ensure that it doesn’t.

On Thursday April 3, our Newark & Sherwood Local Group will host a talk about the fabulous Ploughman Wood by Michael Walker from 7.30pm-9.30pm, Newark Library, Beaumond Gardens on Baldertongate.

Ploughman Wood is an ancient woodland owned and managed by Nottinghamshire Wildlife Trust on the edge of the Parish of Lowdham. Michael has been researching the wood’s history, which dates back to at least the 12th century, using maps, written accounts and the physical evidence that can be seen on the ground.

All woodlands can tell a story if you look deep enough and Michael will passionately about this amazing local woodland and the methods he has used to understand its past - which can be applied to your local woodland.