The Bill is currently working its way through Parliament and the policies within it continue to evolve and are subject to change. This article looks at some of the key environmental policies introduced under part three of the Bill, and how they could affect the farming industry as the government seeks to streamline the planning process in England.
Environmental Delivery Plans
Part three of the Bill introduces the ability for Natural England to bring forward EDPs (Environmental Delivery Plans) to the Secretary of State.
The Secretary of State can amend or revoke EDPs based on their effectiveness and need to meet the overall improvement test (the environmental conservation measures must outweigh the negative environmental effect of the development).
EDPs aim to help address some of the environmental issues currently limiting developments.
The plans create an alternative approach for developers to deliver certain environmental obligations by paying into an NRL (Nature Restoration Levy). The levy forms an NRF (Nature Restoration Fund) which pays for conservation measures to address those environmental obligations and restore nature.
An EDP would specify the area and developments in scope, the protected sites and/or protected species it applies to, the issues affecting them, and the conservation measures needed to deliver environmental improvement.
The responsibility to prepare, consult, monitor and deliver the EDPs sits with Natural England or another designated person.
Nature Restoration Fund
The levy is paid by developments in scope of an EDP; this puts money into the NRF. The fund then covers the costs of delivering the conservation measures.
EDPs include charging schedules setting out the rates for the NRL. The Planning and Infrastructure Bill outlines the parameters for how the levy can be used and what provisions will be included in further levy regulations.
Using the fund, Natural England aims to work with third parties such as farmers, habitat banks, and environmental NGOs to deliver conservation measures. The fund could be a potential private market opportunity for some farm businesses. It is important that farmers can voluntarily access the NRL and that this works alongside their farming business and food production.
Further information on EDPs/NRF can be found on: GOV.UK | Factsheet: Nature Restoration Fund.
How could an EDP work in practice?
As an example, we could see an EDP created for housing developments currently held up by nutrient neutrality principles in a specific catchment. This EDP would be focused on helping to address nutrient issues affecting the condition of an SSSI (site of special scientific interest) feature in that catchment.
The EDP calculates the nutrient impact of those developments and the conservation measures needed to address and improve it. These measures could range from efficient wastewater management, creating riparian buffer strips, to taking farmland out of production to plant new woodland. The measures do not have to be delivered in that catchment.
Developments in scope have the option to pay into the NRL which covers the costs of delivering the conservation measures. Applicable developments would still need to deliver Biodiversity Net Gain.
How could part three of the Bill impact farming businesses?
1. Natural England given compulsory purchase powers
Part three gives Natural England the power to compulsorily purchase land connected to a conservation measure; these measures could be away from the EDP area.
The NFU is very concerned that this power will be used to compulsorily purchase farmland rather than reaching a voluntary agreement with the landowner.
This is further exacerbated by the fact that the Secretary of State is provided with powers to give another person the ability to exercise the functions of Natural England, and as such, potentially give another party the powers of compulsory purchase.
2. EDPs excluding farm developments
The NFU is worried that EDPs will exclude farm developments from their scope.
While it’s important that those looking to make farm developments have flexibility to decide how to deliver their environmental obligations, excluding them from EDPs could hold up and/or limit farm developments further.
3. Unintended consequences of EDPs on farming practices
If there is an EDP in an area, the NFU is concerned that it could unintentionally impact, prevent or limit wider farming practices such as stocking numbers, abstraction licences, pollination, and agri-environment scheme delivery.
The NFU is also worried that conservation measures may be forced onto farmland and/or limit what landowners can do in a conservation measure area eg, build a new slurry store, EIA (Environmental Impact Assessment) decisions.
NFU action
The NFU has welcomed measures in the Bill to modernise the planning system, remove the regulatory burden and speed up planning applications to enable sustainable on farm investment. However, we have raised concerns with the government about certain aspects of the policies introduced as part of the Bill. These policies won’t be implemented until the Bill becomes an Act.
As the Bill makes its way through the parliamentary process, the NFU will continue to review it and work with MPs to seek clarity and put forward amends to help address our concerns.
NFU amends to part three of the Bill are principally targeted at minimising the negative impact the Bill could have on farming businesses and reducing the powers given to Natural England.
Amends the NFU is putting forward and/or supporting cover:
- the consultation of EDPs with the farming sector
- the need for EDPs to consider the impact on food and farming
- the removal of Natural England’s compulsory purchase powers
- greater checking and accountability of Natural England
- clarification that another person able to exercise the functions of Natural England would need to be a statutory body.
As well as seeking amends to the Bill to address these concerns, the NFU is engaging with Defra and Natural England to ensure that EDPs don’t have unintended consequences on farm developments and agricultural activities, and that farm businesses can voluntarily access the NRF.
