On Sunday 15 December the Government issued another working paper aimed at supporting their housebuilding ambitions.
The paper invites views on proposed legislative changes to establish new ways for Habitats Regulations and other environmental obligations to be discharged, including establishing a Nature Restoration Fund to support Delivery Plans.
Delivery Plans are a new concept. They will form part of a single strategic assessment of the impact on the environment in a specific area replacing individual assessments submitted in connection with a planning application.
Delivery Plans will identify interventions required to allow developments to proceed, interventions will be delivered through the Nature Restoration Fund.
With a Delivery Plan in place, developers will no longer need to consider the impact of nutrient pollution in a Habitats Regulations Assessment. Instead, competent authorities would be directed to consider whether the development would have any likely significant effects not covered by a Delivery Plan. If there were any effects not covered by a Delivery Plan, those would need to be assessed and, if appropriate, mitigated.
On submitting a planning application, the developer commits to making a Nature Restoration Fund payment prior to commencement of works. Delivering bodies will be responsible for using the funds collected to secure the interventions identified in the Delivery Plan.
The press release which accompanies the working paper suggests that Natural England will be the delivery body. It not clear whether other organisations will be able to take on this role, as they can under Biodiversity Net Gain requirements.
The paper welcomes views on the proposed approach, whether there are any additional specific safeguards required to ensure environmental protections and / or a streamlined developer experience and whether there is a continued role for third parties such as habitat banks and land managers in supplying nature services as part of Delivery Plans.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
