Planning Reform Working Paper

December 16, 2024

Development and Nature Recovery – legal experts say there is plenty here that needs to be carefully thought through

Given the Government’s commitment to getting Britain building again and subsequent release of its planning reform working paper yesterday, the Government is proposing to speed things up for developers operating in areas impacted by diffuse water pollution by proposing amendments to the Habitats Regulations which will allow payment into a central fund which a new delivery body (likely Natural England) can use to provide joined up/scaled up nutrient neutrality mitigation.

Here is the reaction to the news from the environment team at national law firm Freeths. Richard Broadbent is a director and Penny Simpson is a partner.

“Penny and Richard welcome the Government’s proposals for a strategic approach to nature recovery and their commitment to upholding existing environmental standards. This is just too important to get wrong and an approach like this has the capacity to not only pit the economy against nature but see both thrive side by side. 

“However, there is plenty here that needs to be carefully thought through. For example, whilst this approach has the potential to unlock big problems, there could be delays in the adoption of the strategic plans, delays in accumulating the funds from developers needed for delivery of the plans, and delays putting into place the nature recovery measures needed before development can commence. This raises question marks over whether, in practice, it is in fact possible to uphold existing standards.

Crucially, this solution relies entirely on the ability of a Delivery Body to be able to assess impacts and secure and monitor offsetting in place of developers. Doing that efficiently and effectively will require a great deal of funding, expertise and political clout. That is a tall order for anyone.”

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