CEOs from 32 nature organisations have today written to Defra Secretary of State Steve Reed and Housing Minister Matthew Pennycook, issuing a warning over new planning laws.^[1] They warn that if the proposed Planning and Infrastructure Bill proceeds unchanged, it will break new ground in the destruction of nature across England.

They are calling on Ministers to work with environmental groups to deliver the ‘win-win’ scenario that was originally promised by the Government when the Bill was announced. They are urging Government to support amendments to the Bill which would protect nature and deliver sustainable development for generations to come.

The letter, signed by leading conservation organisations, including The Wildlife Trusts, Woodland Trust, RSPB, National Trust, WWT, Rivers Trust and Marine Conservation Society makes it clear that the proposals, in their current form, would significantly weaken environmental law.

This could push species towards extinction, lead to irreversible habitat loss, and would make it less likely for the Government to meet its legally binding Environment Act targets.

It could also significantly affect local communities with issues such as more sewage in rivers, greater flood risk and loss of valued local parks, woodlands, and river and wetland walks.

The signatories argue that the Bill falls far short of delivering on both nature recovery and responsible development for communities, and could allow developers to effectively disregard environmental rules and community concerns. This would mean that our most protected, valuable and vulnerable sites for nature, such as heathlands, woodlands and wetlands, will no longer have the strong safeguards that they have now, putting them at real risk of damage and destruction from the impacts of new development that will be waived through.^[2] 

They warn that in its current form, the language around proposed ‘Environmental Development Plans’ is not strong enough to actually deliver the promised benefits and could allow developers to ignore environmental requirements and scientific evidence and provide no guarantees that substantial nature recovery work will take place.

They also warn that the legislation may significantly weaken Habitat Regulations, rules which have helped to effectively protect wildlife for decades. In so doing the Bill risks stripping away vital protections without clear requirements on developers to deliver the nature restoration needed to bring iconic landscapes such as chalk streams, wildflower meadows and ancient woodlands back to life and to protect treasured species like hazel dormice, otters and struggling bird and butterfly species. 

The warning comes as recent polling found that 71% of Brits would support increased planning protections for green and blue spaces, including fields, woodland, community parks, national parks, rivers, lakes and streams. Only 12% think current planning rules go too far in protecting the country’s natural spaces and wildlife - showing the Government’s position on nature as a blocker of development is out of touch with public opinion.^[3]

Richard Benwell, CEO of Wildlife and Countryside Link said, “The Government is right that a win-win is possible for nature and development, but the Planning Bill is completely one-sided. It throws environmental protection to the wind, with little to offer future generations or communities fearful for the future of nature. It would leave vulnerable species and irreplaceable habitats like chalk streams and ancient woodlands more exposed than ever to unsustainable development. Promises of nature recovery efforts in return are thin and uncertain."

"Ministers must strengthen safeguards to ensure development can't proceed without every effort to avoid harm to protected wildlife, that rigorous science informs decision-making, and that compensation for damage isn't kicked years into the future. The Government thinks these proposals will save lots of time and money for developers, so the law should guarantee a decent proportion is reinvested in nature. It shouldn't just offset harm, but make a significant contribution to restoring our natural world. Ultimately, that will lead to developments that are greener and safer, and help solve the environmental problems that the law is trying to tackle".

Craig Bennett, chief executive of The Wildlife Trusts, says: “As it stands, the limited safeguards for nature in the Planning and Infrastructure Bill merely undermine nature protection laws and threaten the constructive dialogue of The Wildlife Trusts and environmental groups with Defra and the Ministry for Housing Communities and Local Government.

“Without significant amendments to the Bill, any attempts to take a more strategic approach to addressing environmental impacts of development in support of nature’s recovery are dead in the water.”

Beccy Speight, RSPB Chief Executive, said: “We were promised legislation that would deliver a win-win for nature and economic growth, but by stripping out essential protections for nature, this Bill offers neither. Unamended, it will supercharge the decline of our most precious habitats and wildlife.

“Investing in nature makes clear economic sense. Taking a wrecking ball to the very thing the economy and supply chains depend on does not. The UK Government must urgently address the Bill’s key failings and instead of weakening protections, prioritise avoiding harm, base decisions on science, and guarantee upfront environmental benefits that will see nature restored at scale.”

Harry Bowell, Director of Land and Nature at the National Trust said: “Nature experts are clear - the Bill as it stands marks a step backwards in nature protections, rather than the ‘win-win’ for biodiversity and development promised by Ministers. With steep declines in wildlife continuing, none of us can afford for new laws to make this problem worse. We urge the Government to look at the carefully considered changes we propose. Nature can thrive alongside development, but only with the right safeguards in place.”

Darren Moorcroft, chief executive of the Woodland Trust said: “Everybody wants nature and development to work hand in hand to create healthier, more resilient places for people and wildlife, but this won’t be achieved by bulldozing existing environmental protections. Without amendments, this legislation moves away from “first, do no harm” and towards “license to destroy”. Requiring developers only to pay into a nature restoration fund, without conducting site specific assessments, would put all our irreplaceable ancient woods and trees at enormous risk.

 “For decades, our nation has given woods and wildlife legal protection because we all understand how important they are to our health and history, as well as fighting climate change. If this bill passes without amendments, there will be no incentive for developers to leave mature trees and woods in neighbourhoods with affordable housing, social rents, and sheltered accommodation. Millions of people may find their natural surroundings are gutted and pay the price in lower physical and mental wellbeing.”

Julie Williams, Chief Executive of Butterfly Conservation, said: “Last year was one of the worst years on record for butterflies in the UK with more than half of our species are now in long-term decline. Sadly, habitat destruction is one of the biggest causes. Poorly planned development destroys the green spaces needed by butterflies, moths and for people’s well-being. We know that land can be developed and managed in nature-friendly ways, and we urge ministers to be brave, to be bold, and to push for a future where humans and wildlife thrive together.”

As the Bill moves towards Committee stage this month, the group reiterated its desire to work with Ministers and the government to get the bill back on course and help to deliver nature recovery and sustainable development hand-in-hand.

The group is calling for the Government to support the following priority amendments: 

• Prioritise Avoiding Harm:  Developers must first avoid environmental damage before relying on Environmental Delivery Partnerships (EDPs), with harm to protected sites only permitted for overriding public interest.
• Base Decisions on Science:  New protected features should only be added when clear scientific evidence supports the effectiveness of strategic approaches.
• Guarantee Upfront Benefits: Environmental improvements must be delivered upfront, especially for irreplaceable or significant damage, with a clear and transparent improvement plan.
• Ensure Net Gain for Nature: Strengthen the improvement test to require definite, measurable, and significant benefits, rather than just probable improvements.