Planning and Infrastructure Bill

Introduction

Following a Working Paper published in December 2024, Government published the Planning and Infrastructure Bill (PIB) in March 2025. The Bill is currently making its way through the parliamentary process to it becoming an Act.

The Bill’s intention is to streamline the planning process in England, and at the same time enhance nature. It is tied to Government’s election pledge to speed up the development of infrastructure and to build 1.5 million new houses by the end of the current parliament (2024-2029).

CIEEM is supportive of looking at new and innovative ways that the planning system can be improved for the benefit of both people and nature, but we do not believe that this Bill would deliver that.

Regarding the natural environment, Part 3 of the Bill would enable the creation of Environmental Delivery Plans (EDPs) that could disapply the Wildlife and Countryside Act, the Habitats Regulations and/or the Badger Protection Act for any relevant “environmental feature(s)”, provided that the Housing Secretary is persuaded that the mitigation and enhancement measures set out in an EDP would be “likely” to enhance the “environmental feature(s)” in question by the end of the EDP (10 years). In exchange, developers will pay into a new Nature Restoration Fund (NRF) that Natural England will be tasked to discharge to enhance the “environmental feature(s)” that is/are impacted.

CIEEM is of the view, supported by legal opinion, that Part 3 of the Bill is a regression of environmental protections.

Below we set out relevant information and CIEEM’s activities.

At the bottom of this page you can sign up to our Planning and Infrastructure Bill newsletter.

Government Bill Amendments

The Government tabled a series of amendments to Part 3 of the Bill on 17 July 2025. Despite improving some elements of the Bill, we still consider the Bill to be a regression of environmental protections, which is also the view of the OEP. The amendments are summarised below:

  • “Overall Improvement” Test Introduced
    • When deciding whether to grant development consent, the Secretary of State must be satisfied that the conservation measures in an EDP will materially outweigh the environmental harm caused by the development.
  • Mandatory Inclusion of Remedial Measures
    • Natural England is required to include remedial or fallback measures in an EDP to be used if the primary conservation actions fail to deliver their intended outcomes. But, crucially, remediation need not be done until after the 10 year end date of an EDP, and then will only be taken if the Secretary of State considers the cost to be ‘proportionate’.
  • Evidence of Compensation Delivery
    • Natural England must provide evidence – within the EDP – that compensation will in fact be delivered, and that it is likely to achieve its objectives.
  • Timetabling of Conservation Actions
    • EDPs must now include specific timelines for when actions will be implemented. However, there is no requirement for biodiversity gains to be in place before damage from development occurs.
  • Limits on Offsetting Irreplaceable Habitats
    • The Government introduced limits on the use of the Nature Restoration Fund to offset damage to a short list of “irreplaceable habitats” (e.g. ancient woodland, chalk streams).
    • These protections are not set out in primary legislation, and many high-value habitats remain unprotected under this clause.
  • EDP Use Not Universally Voluntary
    • Although developers cannot require an EDP to be used, the Government can choose whether or not to require an EDP to be produced for a particular type of development.
    • The withdrawal of Amendment 46A preserved this discretion, meaning EDPs are neither fully voluntary nor universally required—their use is decided by the Secretary of State.
  • Pond Creation Exemption Added
    • A separate amendment allows ponds under 1 hectare to be created without planning permission under certain conditions.

Further amendments, published by the Government on 13 October, cover the below topics:

  • Streamlining Natural England’s role by removing the requirement in law for the nature regulator to respond to every planning query from local authorities that relates to nature.
  • Allowing the Nature Restoration Fund to be used to support the delivery of marine developments.
  • Ministers will be able to issue ‘holding directions’ to stop councils refusing planning permission whilst they consider using their ‘call-in’ powers. Under existing rules, they can only issue these holds when council are set to approve applications.
  • Speeding up the approvals for large reservoirs by enabling non-water sector companies to build reservoirs that are automatically considered as nationally significant infrastructure projects.
  • Unlocking more onshore windfarms.
  • Stopping planning permissions from being timed out for approved major housing schemes facing lengthy judicial reviews.

CIEEM News Items

CIEEM Publications and Resources

CIEEM Webinars

Planning and Infrastructure Bill Update #4

Coming soon! Watch this space.

Planning and Infrastructure Bill Update (4 September 2025)

An Update on the Planning and Infrastructure Bill: Where are we now? And what next? (4 June 2025)

Planning and Infrastructure Bill (England): Key Updates, Actions and Next Steps (3 April 2025)

CIEEM Blogs

CIEEM Media Mentions regarding PIB

Relevant CIEEM Podcast Episodes

Our monthly podcast, Nature In A Nutshell, is available to listen to on Spotify, Apple Podcasts or anywhere else you listen to your podcasts.

  • 30: Rebuilding Nature: Good Practice Principles on Ecological Restoration with James Hicks (October 2025)
  • 29: Planning and Infrastructure Bill Update with Sally Hayns and Craig Llewellyn, and Sustainable Farming Scheme in Wales (August 2025)
  • 28: AI in Ecology with Dr Sam Reynolds, BNG and Planning & Infrastructure Bill Updates (July 2025)
  • 26: Eco-Anxiety with Kath Allen and Planning & Infrastructure Bill Update (May 2025)
  • 25: Planning and Infrastructure Bill & Scotland’s Natural Environment Bill (April 2025)
  • 24: Grasslands with Plantlife’s Jo Riggall, Land & Planning in England, & Net Benefits for Biodiversity Wales (March 2025)
  • 23: Planning Reforms in England, Nature Ambitions in Wales and Small Sites Biodiversity Net Gain (February 2025)
  • 22: 2024 Environmental Policy Roundup and 2025 Predictions (January 2025)

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