Planning & Infrastructure Bill - June 2025

Latest developments concerning the widely anticipated Planning & Infrastructure Bill  (“the Bill”) have resulted in several new clauses being inserted by the Public Bill Committee. Environmental groups are concerned that Part 3 of the Bill, which we previously reported on in respect of the nature restoration levy and Environmental Delivery Plans, will have detrimental effects on the environment.

There is now provision enabling Natural England to enter land for the purposes of surveying or investigating any land in connection with the creation and implementation of an Environmental Delivery Plan. New clause 76 states:

“A person authorised by Natural England may enter and survey or investigate any land in connection with the exercise by Natural England of any function conferred by or under this Part.”

Clause 77 goes on to enable a person authorised by Natural England to apply for a warrant to enter land should the landowner refuse entry.  Under Clause 80, a person who obstructs someone exercising a power of entry commits an offence.

The Government has recently published an article concerning “inaccurate reporting” in what seems to be an attempt to combat environmental concerns:

“Over the weekend it was reported that the Planning and Infrastructure Bill will remove our existing environmental protections and put irreplaceable ancient woods and trees at risk.

This is not true.

The Planning and Infrastructure Bill will maintain the existing legal and policy protections, while delivering a more strategic approach to improve the environment – and ultimately deliver more for nature not less.

Current rules in the National Planning Policy Framework (NPPF) are clear that development resulting in the loss or deterioration or irreplaceable habitats including ancient woodland and ancient or veteran trees should be refused. This is not being changed through the Planning and Infrastructure Bill.

There is a very high bar for exceptions to this rule – with proposals being wholly exceptional and demonstrating that the public benefit would outweigh the loss or deterioration of habitats, under longstanding safeguards. It must also propose a suitable compensation strategy to enhance the environment.

The Ancient Woodland Inventory, updated Planning Practice Guidance, and standing advice from Natural England and the Forestry Commission sets out what constitutes impacts to ancient woodlands and veteran trees and allows local decision makers to make informed decisions about planning applications near these habitats. And last year arrangements were set out for consulting the Secretary of State once planning permission has been granted for development affecting ancient woodland.

These measures exist to help support the environment, and through the Nature Restoration Fund – introduced in the Bill – will accelerate the building of homes and infrastructure, while unlocking the positive impact development can have in driving the recovery of protected sites and species.

The Planning and Infrastructure Bill creates a new type of plan: an Environmental Delivery Plan (EDP). Environmental Delivery Plans will secure improved environmental outcomes that go further than simply offsetting harm as required under current legislation.”

Environmental groups have called for Part 3 of the Bill to be scrapped in its entirety, but the Government asserts that this will not reduce environmental protection and will instead accelerate development whilst improving environmental outcomes.

The Bill has been approved in the House of Commons at the third reading by a majority of 132 MPs. The Bill will now proceed to the House of Lords for further scrutiny.

In the meantime, planning was a highlight in the Government’s recent spending review. The Government sees “big ticket” spending as a route to economic/societal growth but allied with that are legislative changes to “get things moving”.