Peers defeated on amendments to safeguard nature as Planning and Infrastructure Bill nears final stages

Peers in the House of Lords have tonight declined to force a vote on including amendments 40B and 40C in the Planning and Infrastructure Bill. These amendments were developed after MPs rejected amendment 40 in the House of Commons on 13 November, prompting further cross-party discussions to find a workable compromise. However, with assurances given by the Government and too few Peers available in the Chamber to press a vote, the amendments were ultimately withdrawn.

Chalk Streams Amendment Defeated

Earlier in the evening, the Lord Bishop of Norwich spoke passionately in support of his amendment to protect chalk streams – globally rare habitats for which England holds a unique responsibility. He highlighted the urgent need for action, noting that nature is short on time and warning that further delay would place chalk streams and wider ecosystems at increased risk.

Despite his intervention and support from across the House, the amendment was put to a vote and was defeated by 132 votes to 81.

In response, the Government committed to strengthening chalk stream considerations in several forthcoming policy areas. Ministers confirmed that chalk streams will feature in:

• the next update of the National Planning Policy Framework (NPPF),
• the Water White Paper due before the end of the year, and
• guidance for Local Nature Recovery Strategies (LNRSs).

Government Position on Amendments 40B and 40C

On amendments 40B and 40C, the Government argued that the safeguards proposed by Peers were unnecessary, maintaining that the legislation as currently drafted already provides sufficient protection. Ministers did however commit that the first Environmental Delivery Plans (EDPs) will deal exclusively with nutrient neutrality, providing a testbed for the effectiveness of these new mechanisms before any expansion to other environmental features.

The Government also committed to making a statement to Parliament on the lessons learned from the first set of EDPs before any further plans are introduced.

During the debate, Baroness Willis noted the large number of emails she had received from across sectors urging her to push her amendment to a vote. She chose not to do so however, recognising that the Government had made some progress in ensuring that evidence is gathered and lessons learned as EDPs are developed. She stressed the importance of independent oversight – including a role for the Office for Environmental Protection (OEP) – in scrutinising the long-term impacts of the new system.

Baroness Young argued that amendments 40B and 40C represented a sensible and constructive compromise, offering benefits not only for nature but also for developers by providing clearer expectations and greater certainty over future changes.

Lord Roborough expressed continued concerns about the wider provisions of Part 3 of the Bill but welcomed the decision to limit the first phase of EDPs to nutrient neutrality. He emphasised that robust scrutiny and a strong evidence base will be crucial as EDPs evolve to cover additional environmental features.

What Happens Next?

The Bill will now return to the House of Commons, where the Government’s large majority means that further amendments are highly unlikely. The Bill is therefore expected to receive Royal Assent and become law in the coming weeks.

CIEEM Response

CIEEM is incredibly disappointed by this outcome. Our members, partners and staff have worked tirelessly throughout the passage of the Bill – investing significant time, expertise and financial resources – to secure better safeguards for nature. The Bill has moved through Parliament at remarkable speed, with numerous late Government amendments leaving minimal opportunity for thorough scrutiny.

We extend our heartfelt thanks to all parliamentarians who have stood up for nature and for evidence-based policy-making over the course of the Bill.

Our focus now shifts to implementation. We will continue to hold the Government to account as the first EDPs and associated regulations and guidance are developed. Importantly, nothing changes overnight: there remains time before the first EDPs – focused on nutrient neutrality – come into effect.

Looking ahead, CIEEM will also turn its attention to the forthcoming Nature Bill. This legislation must be an opportunity to deliver real, meaningful gains for nature and people. With nearly 10,000 members across the UK and Ireland, CIEEM will continue to bring expert, practical insight to ensure that future policy works for both biodiversity and communities.