Focus on growth and green goals in changes to planning bill

Developers’ environmental obligations sit at the heart of the latest raft of amendments to the draft Planning and Infrastructure Bill tabled by the government as it continues its progression through Parliament.

The latest changes, introduced while the proposals sit with the House of Lords, respond to concerns over the strength of the Nature Restoration Fund (NRF) and ensuring that environmental obligations tied to development are both robust and enforceable.

Rosalyn Trotman, Partner in Thrings’ Planning and Environment team, looks at the latest planning amendments and what they mean in practice.

What is the Planning and Infrastructure Bill?

The Planning and Infrastructure Bill is a cornerstone of the government’s strategy to “get Britain building again,” aiming to deliver 1.5million homes and fast-track 150 major infrastructure projects by the end of this Parliament. It seeks to accelerate development by simplifying planning procedures and streamlining the consenting process for nationally significant infrastructure, including clean energy, transport, and utilities.

The Bill also introduces reforms to strengthen environmental protections and modernise planning governance, including a more strategic approach to nature restoration through the Nature Restoration Fund (NRF) - a government-backed fund supporting off-site environmental improvements - and Environmental Delivery Plans (EDPs) which outline how developers will meet their obligations through targeted conservation measures.

Additional measures aim to improve decision-making, enhance local accountability, and ensure meaningful community engagement in planning processes.

What’s changing and why it matters

The amendments respond to concerns raised by the Office for Environmental Protection and environmental NGOs that the NRF lacked clarity and enforceability. The government’s response introduces a more structured framework for assessing and delivering environmental benefits alongside development.

For developers, this means:

• Clearer approval criteria: The Secretary of State must now apply an “overall improvement” test, ensuring that conservation benefits materially outweigh environmental harm. This provides a more predictable basis for project approval.
• Mandatory back-up measures: EDPs must include contingency plans, with Natural England responsible for monitoring their effectiveness. This reduces the risk of delays or legal challenges if primary measures fall short.
• Scientific rigour and transparency: Plans must be based on the best available scientific evidence and include a timeline aligned with development phases. This helps developers plan with greater confidence and accountability.
• Remedial action duties: If conservation measures fail, the Secretary of State is now obligated to intervene, a move that strengthens environmental oversight and ensures long-term compliance.
• Consultation and local impact: Amendments to EDPs will require tighter consultation, and any off-site conservation must demonstrably offer greater benefit than local alternatives, reinforcing the importance of place-based planning.

Rosalyn Trotman, Partner in Thrings’ Planning and Environment team, said: “These amendments represent a significant step forward in aligning development with environmental responsibility. By embedding scientific rigour and enforceable safeguards into Environmental Delivery Plans, the government is signalling a more structured and accountable approach to nature restoration.

“For developers, EDPs could significantly simplify matters, moving away from the potential complexities of on-site mitigation (or finding nearby off-site mitigation) to a clearer framework for calculating the amount required for nature restoration.”

Thrings’ Planning and Environment lawyers have extensive experience in navigating complex local and national planning policy legislation and has successfully supported commercial and residential applications through the approval and appeal processes. To find out more and for advice on your development proposals, including how to address enforcement notices, please do get in touch.