UK Planning and Infrastructure Bill puts nature at risk

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Born Free is concerned that the Bill, which is currently being discussed in Committee in the House of Commons, could favour development over nature and pave the way for developers to pay to ‘offset’ damage to or destruction of green spaces and protected species. 

In early April, Born Free signed a letter from the Wildlife and Countryside Link coalition, of which we are a member, urging Ministers to ensure the bill delivers the promised “win-win” for housebuilding and nature. 

However, as currently drafted, the legislation risks weakening existing environmental regulations and undermining species recovery by allowing developers to disregard environmental requirements and safeguards by contributing to a ‘nature restoration fund’. Such damaging development could result in the irreversible loss of fragile habitats such as chalk streams, wildflower meadows and ancient woodlands.  

The bill also proposes the weakening of protection for some of our best loved and iconic wild animals. Under the proposals, developers could be allowed to kill or take badgers or interfere with their setts, and to ignore the need for site-specific bat surveys, in order to facilitate developments that are considered to be of ‘overriding public interest’, while reducing the ability of communities to challenge bad planning decisions 

Born Free Head of Policy Dr Mark Jones said: “Our nature and species protection laws are critical to halting and reversing the devastating declines in wildlife that have resulted in the UK becoming one of the world’s most nature depleted countries. The Planning and Infrastructure Bill, in its current form, would seriously undermine these hard-won protections. 

“The nature restoration fund risks providing developers with a mechanism by which they can simply pay to circumvent existing protections, at a time when we should be making every effort to strengthen them. You cannot destroy a complex and delicate natural habitat then simply re-create it elsewhere.” 

Alongside our partners at Wildlife and Countryside Link, Born Free is calling on Ministers and parliamentarians to amend the bill to ensure: 

• The legislation respects the mitigation hierarchy, by ensuring that developers make every effort to avoid harming nature and wildlife, and where this is genuinely unavoidable measures are taken to restore any damage caused; 

• Scientific evidence, including independent site surveys by recognised experts, is required prior to the commencement of any development project that might impact natural habitats or wild species; and 

• All development projects incorporate measurable benefits to nature and wildlife which substantially outweigh any associated harms, and are legally required to contribute to the delivery of climate and nature targets. 

Dr Jones continued: “Our precious badgers, bats and other wildlife cannot be viewed as a barrier to development. Rather, development can be achieved in harmony with nature and wildlife through careful planning within a robust legal framework, to ensure the maintenance and restoration of green spaces and natural habitats for the benefit of wildlife and people alike.” 

With the government’s manifesto commitment to build 1.5 million more homes over the next five years, it is critical that the Planning and Infrastructure Bill incorporates robust protections and that additional protections are conferred to critical habitats and threatened species, if a further disastrous assault on our precious wildlife and the green spaces on which it depends is to be avoided.  

Click here for more information on Wildlife and Countryside Link’s approach to planning reforms.