New Government amendments to PIB intended to “streamline” Natural England’s planning advice role

Late last night the Government tabled a series of late-stage amendments to the Planning and Infrastructure Bill (PIB), including proposals to “streamline” the role of Natural England in the planning system.

Under the changes, Natural England would no longer be required by law to respond to every request for nature-related advice from local planning authorities. Instead, the Government says it will be able to focus on applications that pose higher environmental risks or stronger opportunities for nature recovery, with standard guidance issued to local authorities for more routine cases.

According to the Ministry for Housing, Communities and Local Government (MHCLG), the reform aims to “free up” Natural England to concentrate on priorities and to “speed up approvals for new homes and infrastructure”. The government says this will help tackle planning delays and contribute to its ambition to “get Britain building”.

An explanatory note accompanying the amendment, tabled by Baroness Taylor, states that the change would permit the wildlife regulator “not to respond to certain requests for advice under section 4(1) of the Natural Environment and Rural Communities Act 2006” and would require it to publish a statement on how it intends to deal with such requests in future.

CIEEM notes that while this may reduce some duplication in the system, any shift in responsibility away from Natural England must be accompanied by adequate resourcing, training and guidance for local planning authorities. Many planning authorities are already under significant strain, and the quality of ecological assessment and decision-making often depends on sufficient access to ecological expertise – which many still do not have in-house.

If powers are to be taken from Natural England and more burdens placed on local authorities, then those authorities must be properly supported. Without the necessary resources and guidance, there is a real risk that planning decisions will be made without the ecological evidence and professional input required to protect and restore nature.

The amendments are part of a wider “pro-growth” package that the government says will “cut red tape” and “unshackle” Britain’s building sector. Other changes include new powers for ministers to halt councils from rejecting planning applications, measures to accelerate approval for reservoirs and wind farms, and reforms to allow the Nature Restoration Fund (NRF) to support marine development projects.

CIEEM emphasises that any use of the NRF for marine environments must be underpinned by robust baseline data on the habitats and species affected, to ensure that interventions deliver genuine environmental benefits and avoid unintended harm.

Sally Hayns, CIEEM CEO, said: “These are some very significant amendments that have been added to the Bill at the 11^th hour leaving little or no time for consultation or consideration of the implications. Alongside the very negative rhetoric in the accompanying press release, the most significant amendments make it clear that local planning authorities will be left high and dry, unable to call on Natural England for advice and, in some instances, unable to reject planning applications. The latter point, in particular, effectively emasculates local planning authorities in terms of delivery of their local plans and local nature recovery strategies.”

CIEEM remains of the view that as it currently stands, the Bill represents a regression of environmental protections, as supported by the views of other environmental organisations and also the Office for Environmental Protection (OEP). We continue to advocate that Part 3 of the Bill needs to be restricted to diffuse impacts only.

These latest amendments, along with those tabled on behalf of CIEEM, are expected to be debated during the House of Lords Report Stage, which starts on Monday 20 October.