Peers table new amendment in final effort to improve Planning and Infrastructure Bill for nature

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Following on from MPs in the House of Commons voting down Amendment 40 to the Planning and Infrastructure Bill that would have restricted the use of Environmental Delivery Plans (EDPs) to just diffuse impacts (nutrient neutrality, water management and air quality), Baroness Willis of Summertown has tabled a new amendment with cross party support.

The Commons Committee (made up of five Labour MPs including the Planning Minister, one Conservative and one LibDem), which has to provide reasons for any Lords amendments that are rejected, has said:

“The Commons disagree to Lords Amendment 40 for the following Reason — Because the Commons consider that the test for making an EDP (the overall improvement test) provides robust environmental protection, so it is not necessary to limit the scope of EDPs to only certain types of environmental impact.”

In response. Baroness Willis has tabled the below two-part amendment that creates a compromise that we hope is palatable to Government. It introduces some accountability but still gives Government the flexibility to add further “environmental features” that they have said is necessary.

CIEEM is encouraging Peers to support this amendment.

Should the amendment be passed in the House of Lords we will need MPs in the House of Commons to subsequently also support it for it to be included in the final version of the Bill that becomes an Act.

 

AMENDMENT 40B

Clause 55, page 92, line 1, at end insert—

“(2A) An environmental impact identified in an EDP may only affect one or more of the items in the following list—

     (a) nutrient neutrality;

     (b) water quality;

     (c) water resource;

     (d) air quality.

(2B) The Secretary of State may, by regulations, amend the list set out in subsection (2A) if the following conditions are met—

     (a) doing so is likely to result in environmental improvement, on the basis of the best scientific evidence,

     (b) a review of the success of EDPs implemented to date has demonstrated that they have achieved their performance objectives, and

     (c) a summary of the evidence relied upon to assess the proposed change to the list has been published.”

AMENDMENT 40C

Clause 90, page 118, line 22, at end insert—

     “(za) regulations under subsection 55(2B),””