Planning and Infrastructure Bill

Baroness Taylor of Stevenage Excerpts

Wednesday 29th October 2025 Lords Chamber

Debate on Amendment 122 resumed.

[The Parliamentary Under-Secretary of State, Ministry of Housing, Communities and Local Government (Baroness Taylor of Stevenage) (Lab)]

My Lords, we return to the substantive consideration of Part 3 of the Bill and the nature restoration fund, with this first grouping considering amendments that relate to the underlying requirements of an environmental delivery plan.

In response to the question from the noble Lord, Lord Roborough, about the purpose of Part 3, we know that the status quo is not working. Environmental assessments and case-by-case negotiations of mitigation and compensation measures often slow down the delivery of much-needed housing and infrastructure. Meanwhile, the condition of our most important habitats and species has declined over a sustained period. By taking a more strategic approach to the restoration of protected sites and species, we can deliver improved environmental outcomes while reducing planning delays for the housing and infrastructure that our communities need.

The noble Lord asked me a question about the number of houses subject to nutrient neutrality that will be unlocked at Royal Assent. We are very clear that such environmental obligations can be discharged only where a robust and scrutinised EDP is in place. This is the right approach to ensure there is a credible plan that will deliver the better environmental outcomes that we need.

Amendment 130, tabled by the noble Baroness, Lady Willis, has captured the sympathy of some in this House who support the strategic approach of the NRF but are concerned about this approach being used where it is not appropriate. However, we have always been clear—and the legislation is explicit—that the Secretary of State can approve an EDP only where it is shown to materially outweigh the negative effect of development. This is not a throwaway judgment of a Secretary of State but must be a judgment based on an ecologically sound and robustly scrutinised EDP, with Natural England providing a statement as to whether they believe the EDP can meet this high bar. As the noble Baroness will know, the scientific basis of the evidence provided to the Secretary of State was clarified in a government amendment. A Secretary of State simply could not sign off an EDP that did not stack up—and if they ever did, then the Bill provides that such a decision could be challenged via a judicial review.

In capturing a range of environmental features that could be addressed through an EDP, the Government are not seeking to suggest that EDPs will come forward covering each of these features but simply that we should be able to bring forward EDPs where science supports the case and the evidence would allow the Secretary of State to approve the EDP in line with the overall improvement test. Where the science does not support it, an EDP could not be made, but to limit EDPs in the way the amendment suggests would be to close off the potential that EDPs offer to deliver more than the current system and help support the recovery of protected sites and species, rather than merely offsetting the impact of development.

I want also to respond to some of the noble Baroness’ questions. First, on the mitigation hierarchy, Natural England will always consider the mitigation hierarchy when it develops EDPs. It is an important approach when planning for biodiversity, as it is generally more environmentally effective and cost efficient to protect what is already there than to replace it. However, it is not always the case. The flexibility provided by the Bill will allow for those cases where, in Natural England’s expert judgment, the strict appliance of the mitigation hierarchy would lead to suboptimal outcomes, and only then, and where money could be spent far more effectively to achieve better outcomes for nature.

Secondly, the noble Baroness asked me about process. EDPs will not require additional assessment. Natural England will carry out assessments and surveys, and developers will no longer have to do that for the features in the EDP.

My noble friend Lady Young asked about the European conventions. The Bill does not repeal any existing legislation and will not weaken the UK’s continued support for and implementation of any of our international commitments. We are committed to the EU-UK Trade and Cooperation Agreement and its provisions which ensure that mutual high standards are protected. EDPs will ensure better environmental outcomes that go further than current legislation, which simply offsets harm. Money from the NRF is ring-fenced for nature under clauses in the Bill.

I am conscious that the NRF has not had the easiest genesis, but the Government have shown that they are listening, and the legislation demonstrates a real commitment to breaking from a status quo that has, at best, overseen the managed decline of our most valued protected sites and species. With this explanation, I hope the noble Baroness feels able not to move her amendment.

Amendment 201, tabled by the noble Lord, Lord Roborough, would provide the Secretary of State with broad powers to manage the effects of nutrients in water. This draws on the amendments tabled by the previous Government during the passage of the Levelling-up and Regeneration Bill, which were rightly defeated by this House.

While we share the noble Lord’s desire to address nutrient neutrality, we cannot simply rely on broad powers and the promise of action. The nature restoration fund creates a clear path to addressing this issue based on credible evidence, a robust and tested EDP and the legal guarantee that funding will be secured to ensure that conservation measures deliver environmental improvement. Granting the Secretary of State such a broad Henry VIII power would raise not only questions but serious risks as to how such a power could be used.

Amendment 122, also tabled by the noble Lord, Lord Roborough, would provide the Secretary of State with a power to issue guidance relating to the making of an EDP and require Natural England or any other body carrying out functions under this part to comply with such guidance. I recognise the importance of the matters the noble Lord raises, including in respect of agricultural businesses, food security and land that communities really value. The Secretary of State is already able to make guidance on any matter relevant to the making of an EDP, which would naturally include the important matters raised in the amendment.

On the issue of compulsory purchase raised by the amendment, as it is ultimately for the Secretary of State to make an EDP and to authorise Natural England’s use of compulsory purchase powers, if the Secretary of State is not satisfied with the way the EDP has been drafted, they may simply choose not to make the EDP. Similarly, if the Secretary of State is not satisfied with the way Natural England is proposing to exercise its compulsory purchase powers, they may simply choose not to authorise the exercise of the powers.

Amendment 129, tabled by the noble Lord, Lord Lansley, would require EDPs to identify all environmental impacts from the development to which the EDP relates, on the environmental feature which is the subject of the EDP. As we have said throughout these sessions, EDPs are targeted plans to address specific impacts from development on identified environmental features. These are not a replacement for wider assessment or intervention but a way to allow specific impacts to be addressed through a more strategic approach. While Natural England will of course be alive to other impacts, the focus of the EDP must be on the specific impact, as it is only that impact and the associated environmental obligation that are being discharged through the EDP. We have been clear throughout that anything not covered by an EDP will be considered and addressed through the existing system. For that reason, it would simply add burden to an EDP to require Natural England to identify all impacts where the EDP itself is tasked with addressing only specific impacts.

Amendment 128, also tabled by the noble Lord, Lord Lansley, would require an EDP to identify all environmental impacts that may be expected as a result of the development to which an EDP relates. As I mentioned in Committee and have just repeated, EDPs are targeted plans, and the Government are clear that an EDP will modify existing obligations only for identified impacts and where the EDP itself can demonstrate how the conservation measures will materially outweigh the negative effect of development on the specific environmental feature. Any impacts not addressed—

[Lord Lansley (Con)]

I am afraid that the Minister has failed to understand that the amendments I have proposed, following the debate in Committee, are directed towards only the environmental feature, and the negative effects associated with that environmental feature, which is the subject of the EDP. She is suggesting that I am widening it out to other features. I am not; the amendments address only that feature.

[Baroness Taylor of Stevenage (Lab)]

I am sorry if I misunderstood, but that may be due to confusion around the wording. It seemed that the amendment was trying to widen that out. As I said, any impact not addressed through the EDP is subject to a separate assessment. Therefore, it would not need to form part of the EDP itself.

[Lord Lansley (Con)]

I have left Clause 55(1)(a) where the Government left it, which means that we are concerned only with the environmental feature which is the subject of the EDP. Her entire argument against my amendments is around the proposition that I am trying to widen it out to other things; I am not. I am simply saying that, if there is a negative effect associated with the environmental feature derived from that development, it should be identified in the EDP.

[Baroness Taylor of Stevenage (Lab)]

The very nature of the EDP would do that anyway, because the action taken by the EDP must materially outweigh the impact of the development. If that is what the noble Lord is trying to say, I can confirm that that is the purpose of the EDP in the first place. I will continue now.

As set out in the Member’s explanatory statement, Amendment 132, tabled by the noble Lord, Lord Markham,

“seeks to encourage debate on the proportionality of conservation measures included in an EDP”.

In doing so, the amendment proposes that EDPs should consider the monetary value of the plants or animals the conservation measures would support, to ensure that conservation measures are proportionate. As the noble Lord will be aware from the debates to date, EDPs will be required to materially outweigh the negative effects that development would have on a relevant environmental feature, be it a feature of a protected site or a protected species. That may include multiple plant species of varying abundance. Similarly for protected species, an EDP would address these impacts at an appropriate population scale.

The scale of conservation measures required will be determined by the scale of impact from the development, with the levy rate being set to ensure that sufficient measures are delivered to meet the overall improvement test. In setting the regulations that will govern the nature restoration levy, the Secretary of State must aim to ensure that the levy does not render development economically unviable, but the levy must be sufficient to deliver the necessary conservation measures in line with the overall improvement test. That will ensure that the levy is set at a rate that delivers for both nature and development, with developers in all but exceptional circumstances being able to choose whether to use an EDP or whether to address these impacts and secure the necessary measures themselves under the existing system. I hope that, with this explanation, the noble Lord will not press his amendment.

Finally, Amendment 203, tabled by the noble Lord, Lord Roborough, would require the preparation of a report by the Joint Nature Conservation Committee on the consolidation of the Wildlife and Countryside Act 1981 and the Conservation of Habitats and Species Regulations 2017 as they relate to planning. I appreciate that the dual systems of the habitats regulations, which cover habitat sites and include the HRA process, and the Wildlife and Countryside Act, which covers SSSIs, can appear complex. However, in practice, there are integrated processes which address and manage this complexity. These processes are well understood by practitioners, and while the Government will always look for opportunities to improve processes, the amendment risks creating uncertainty that may delay development and presupposes that consolidation is necessary and desirable. At this time, we do not consider that such a report is necessary, but even if it were, it would be a legal rather than ecological exercise, which would fall outside the JNCC’s area of expertise. Given this explanation, I hope that the noble Lord will not press his amendment.

[Lord Roborough (Con)]

My Lords, I am grateful to the noble Baroness, Lady Willis, for the introduction of her Amendment 130 and to those who spoke so convincingly in her support. I also thank the Minister for her response to these amendments, particularly the clarifications around the issues addressed by Amendment 122.

As I feared, the Government remain intransigent on the big issues and so our mind remains resolved. Should the noble Baroness, Lady Willis, choose to move Amendment 130 to a vote, our Benches will be in support. In the meantime, I beg leave to withdraw Amendment 122.

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[Lord Fuller (Con)]

My Lords, I rise to speak to Amendment 131, but before I do, I would like to address comments to the noble Baroness, Lady Jones, because I am persuaded by the comments made by my noble friend Lord Lansley. We are not the elected House, the Government are entitled to bring their legislation through and I am persuaded that to have removed Part 3 entirely from the Bill would have emasculated it to the extent that it would have become mute.

I do think, however—and I only wish that the noble Baroness, Lady Jones, had acknowledged this—that the thumping majority given to Amendment 130 in the name of the noble Baroness, Lady Willis, has meant that we have got the best of a bad job. Therefore, to suggest that the Conservatives and other Members of this House have somehow sat on their hands or perjured themselves or somehow maligned themselves is just not the way.

Turning to the substance of Amendment 130, of course we believe in the essential of having the best advice. I will not repeat the speech I gave in Committee, but noble Lords will remember that I was very exercised by the misleading way in which Natural England had wilfully misrepresented the science that it said supported its position but did not. Noble Lords will recall that it sent me a pamphlet with all sorts of scientific references at the bottom, which I read, and those scientific references totally refuted Natural England’s position.

All I will say on Amendment 131 is that getting the scientific evidence is one thing, but we have got to get the advice right as well. I feel there is a problem with this Bill, because it does not address the conflict of interest that Natural England is simultaneously the adviser, the regulator, the operator and the price setter. I listened very carefully to what the Minister said on the earlier group. If the Secretary of State is not persuaded, he is going to rely on advice given by Natural England, which in my view has not demonstrated that it meets the standard that you would expect.

I think the key thing is that we are about to place into statute an obvious conflict of interest between a regulator and an adviser. We should eliminate that by insisting on a separation of powers. We have a duty to avoid obvious conflicts of interest, but we are about to embed one in statute. I invite the Minister to reflect for a moment on whether it is right that Natural England is to be the judge, jury and executioner in its own court, and whether there might be some sort of device whereby the Secretary of State can take other advice into account rather than that of Natural England, because it is so conflicted and its track record is not good.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendments 131, 137, 151, 152, 156, 157 and 174, tabled by the noble Lords, Lord Roborough and Lord Blencathra, would add additional requirements to the preparation and reporting of EDPs. While the Government share the noble Lords’ desire to ensure that the EDP process is robust, I assure noble Lords that these matters are already captured through the drafting and are amplified by the Government’s amendments to Part 3. We have included an explicit provision requiring Natural England and the Secretary of State to take account of the best available scientific evidence when preparing, amending or revoking an EDP.

I take the point made by the noble Baroness, Lady Coffey, about evidence over time and some of the issues that occur—perhaps even conflicting evidence —but I hope that the best available scientific evidence, which is the phrase that is used here, will give the Secretary of State and Natural England the support they need to ensure that this is proportionate. It needs to be considered as the best available scientific evidence.

Regarding reporting, as well as the mid-point and end-point reports on each EDP, Natural England will publish annual reports across the NRF with a summary of its accounts, including setting out the total amount received in levy payments and the amount spent on conservation measures. This is on top of the individual monitoring that Natural England will put in place to monitor the delivery and impact of conservation measures. I hope that goes some way towards reassuring the noble Lord, Lord Fuller, on his points about Natural England.

In addition, these amendments would require Natural England to report on the impact of conservation measures on the local economy and the community. The Bill already requires public consultation that will provide the opportunity for people to raise such matters, which will be considered by the Secretary of State when making an EDP. While we share the noble Lord’s desire to support local communities, it would not be appropriate and would add a significant burden to require Natural England to report on how each conservation measure is affecting the local economy. The final limb of these amendments would make it mandatory for the levy regulations to cover various matters currently specified as those that the Secretary of State may cover. I assure noble Lords that this is unnecessary because, while we would not propose to mandate for them, we fully expect the Secretary of State to make provision in these areas. I hope that, with these explanations and assurances, the noble Lord will feel able to withdraw his amendment.

[Lord Roborough (Con)]

My Lords, I thank the Minister for responding to my amendments in this group. I must say I am not entirely happy, and I look forward to returning to this subject in later groups, particularly on the amendment in the name of the noble Baroness, Lady Parminter.

I say to the noble Baroness, Lady Jones of Moulsecoomb, that I understand entirely her sentiments and frustration, and I am most grateful that she signed my amendments. We on these Benches are committed to being a constructive Opposition and to working with the House in the most effective way possible to improve Part 3. Many of us object to this part of the Bill fervently in its current form, and we are looking for the best outcome for the country as a whole to release houses for building but at the same time to protect and enhance nature. The noble Baroness remains my friend, and I hope she will eventually forgive me. In the meantime, I beg leave to withdraw the amendment.

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Moved by

[Baroness Taylor of Stevenage]

133: Clause 55, page 92, line 9, after “site” insert “that is wholly in England”
Member's explanatory statement
This amendment would prevent Natural England from including in an EDP network conservation measures where the affected site was not in England (or in English territorial waters or the English offshore region: see my amendment at page 92, line 31); in such a case, any conservation measures would have to benefit the affected site itself (but the conservation measures would have to be taken in England).

[Baroness Taylor of Stevenage]

My Lords, we turn to a series of government amendments that ensure that the NRF properly manages any potential cross-border effects and operates as intended in relation to Ramsar sites, as well as in the marine context.

On our cross-border related amendments, I assure noble Lords that, while numerous, these are technical amendments that reflect our discussions with the devolved Administrations to address circumstances where an environmental feature of an EDP may relate to a protected site that is in Scotland or Wales.

I shall draw out the key amendments. Government Amendment 133 ensures that, where an EDP relates to a protected site that is not wholly in England, an EDP may not use network measures to address these impacts.

Government Amendment 136 simply defines “England” for the purpose of this clause as including its marine context. This is in line with the devolution settlements, as it would not be appropriate for a plan developed to address the impact of development in England to allow for potential impact on a site in Scotland or Wales, even where that would lead to an overall improvement in the conservation status of the environmental feature.

In line with that close working and co-ordination, government Amendment 145 will require Natural England to seek the advice of the Natural Resource Body for Wales, whose operating name is Natural Resources Wales, and Scottish Natural Heritage, whose operating name is NatureScot, as well as the relevant devolved Ministers where the environmental feature in a draft EDP relates to a protected site in Wales or Scotland respectively. Government Amendment 149 specifies that for these purposes “Wales and Scotland” encompasses the territorial waters adjacent to Wales and Scotland, as is the case in respect of England in Part 3.

Ramsar sites are internationally significant wetlands that play a vital role in promoting biodiversity and climate resilience. Through the Bill, we are putting Ramsar protections on a legislative footing to ensure that the nature restoration fund can be used to address the negative effects of development on Ramsar sites. This will allow development to come forward more quickly, while securing better outcomes for nature, making building quicker and simpler. To date, these sites have been subject to the HRA process in the same way as habitat sites as a matter of policy, so in the vast majority of cases there will be very little change to how the HRA process is applied to these sites. However, these changes will place the existing policy protections for Ramsar sites on a statutory footing, providing clarity for developers where Ramsar and habitat sites overlap and where assessment requirements may otherwise diverge, as well as ensuring that we continue to meet our international obligations under the Ramsar Convention. These government amendments ensure that the nature restoration fund can operate as intended for Ramsar sites.

Previously, the Bill referred to Ramsar sites in England, which would have meant that, when assessing a plan or project in England, a competent authority would not have been subject to a statutory requirement to consider possible impacts on Ramsar sites in Wales and Scotland. That would have placed new obligations on competent authorities in Wales, which was not our policy intention. I hope noble Lords will agree that this is a helpful step forward in firming up the protections for our most precious wetlands.

Government Amendment 231 is technical in nature and has been drafted to ensure that the Bill is fully operable within the marine context. With marine conservation zones now treated as protected sites for the purposes of Part 3, it is necessary to make limited exceptions to certain provisions in the Marine and Coastal Access Act that are intended to restrict activities impacting these areas. This will, for example, ensure that Natural England can carry out conservation measures benefiting these important marine sites without risk of breaching existing legislative requirements. This will apply only to Natural England and other public authorities carrying out functions relating to the nature restoration fund in the marine context.

Finally, government Amendment 255 is a minor drafting correction to ensure the extent provisions reflect amendments made to Clause 46 in Committee. This amendment removes a stray reference to provisions of that clause which were left out in Committee. I therefore hope the House agrees to accept these amendments. I beg to move.

[Baroness Grender (LD)]

First, I would like to associate these Benches with the best wishes sent to the noble Baroness, Lady Hayman. I hope she is better soon. One or two of us spotted her attempting to struggle in this morning. The Minister here has had to take up a whole raft of amendments on which she was not expecting to lead at the start of today. We thank her for picking this up.

This is a comprehensive suite of technical amendments, and we are wrapping our heads around it. As firm federalists, we obviously welcome the consultation across borders, particularly in Amendments 145 and 133, mandating specific consultation requirements on Natural England. Proper cross-border consultations are the baseline requirement for sensible environmental policy. We will watch with some care with regard to marine and coastal access. The required removal of existing environmental checks suggests to us that the EDP framework risks some kind of weakening of protection.

We welcome the suite of amendments to Schedule 6 to explicitly amend the Conservation of Habitats and Species Regulations 2017 to treat Ramsar sites more like European sites, requiring an appropriate assessment for plans or projects situated wholly in England that are likely to have a significant effect on a Ramsar site. Extending statutory protections to these internationally important wetlands is a move towards a more robust nature safeguard. On the whole, we welcome this suite of amendments, but there are one or two that we will watch.

[Baroness McIntosh of Pickering (Con)]

My Lords, one of the amendments—which I now cannot find the number of—substitutes all Ramsar sites with “certain Ramsar sites”. Can the Minister clarify why certain Ramsar sites are being excluded whereas before all Ramsar sites were within the scope of the Bill?

[Baroness Taylor of Stevenage (Lab)]

My Lords, I hope I can respond to the noble Lord, Lord Blencathra, and the noble Baroness, Lady McIntosh.

The Government’s approach to placing Ramsar sites on a statutory footing has been welcomed by environmental groups as a pragmatic step to align protections across sites of international importance. Noble Lords will be aware of a recent Supreme Court judgment and some may wish to oppose this and continue with the existing approach of protecting Ramsar sites through policy. I know there has been an attempt by some to cast the Government as blocking development, but the reality is that no new planning applications will be affected by placing Ramsar sites on a statutory footing. Any outline or full planning permissions that have come forward since the imposition of nutrient neutrality in 2020 will have had to consider the impact of Ramsar sites from the outset, so for most developers this will actually be an advantage.

It also means that they can use an EDP to discharge obligations relating to Ramsar sites, which they could not without putting them on a statutory footing. We continue to support development that faces challenges in meeting the obligations. I highlight that the Government have invested £110 million to support local authorities to deliver local nutrient mitigation schemes, to allow housing to come forward in areas affected by nutrient neutrality. The NRF is an evolution of this support and will deliver on the Government’s manifesto pledge to address nutrient neutrality in a way that supports development, while driving the recovery of these internationally important wetland sites.

I am sorry, I have realised I have not answered the question from the noble Baroness, Lady McIntosh. I will reply to her in writing on that, if that is okay.

[Baroness McIntosh of Pickering (Con)]

I am grateful. Just for clarification, I now have the amendment in front of me. It is actually Amendment 210, which says

“leave out ‘Ramsar sites in England’ and insert ‘certain Ramsar sites’”.

What is worrying is that it goes on to say that to better understand the amendment we should look at the explanatory statement of the Government’s amendment to page 180—of the Bill? There is no page 180 of the amendments, so it is difficult to know which page 180 it refers to.

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[Lord Roborough (Con)]

My Lords, I thank my noble friend Lord Fuller for moving his amendment in this group.

These amendments would make technical changes to how EDPs work practically. My Amendments 166 and 167 would ensure that only impacts addressed by the EDP may be disregarded for the purposes of the habitats regulations. I agree entirely with my noble friend Lord Lansley and am very grateful for his comments. We think that this is in line with the Government’s plans and seek to be constructive with these amendments. Can the Minister explain why the Government are not willing to accept these constructive and specific amendments?

Amendment 134 in the name of my noble friend Lord Fuller also seeks to strengthen the Government’s measures. We will listen carefully to the Minister’s reply.

Finally, my Amendment 135 is another that seeks clarity in the Bill. We are disappointed that the Government have not seen the merit of our case and would have preferred to see this clearly set out in law. I entirely agree with my noble friend Lord Fuller on his questions and comments about the timing of EDPs and how they can be effective within the specified 10-year period. I very much look forward to the Minister’s reply.

[Baroness Taylor of Stevenage (Lab)]

My Lords, I turn first to Amendment 134 tabled by the noble Lord, Lord Fuller, which would require conservation measures delivered by a landholding to be secured solely through Section 106 agreements.

The noble Lord’s stated intention is to ensure that conservation measures are secured through a sufficiently enforceable mechanism. While we fully agree with the noble Lord that we need sufficient certainty to ensure that conservation measures are delivered, I hope to reassure him that his amendment is not necessary.

The NRF represents a shift towards a more strategic approach to dealing with the environmental impacts of development. Once an EDP is made, it will be for Natural England to secure the necessary conservation measures and ensure that they are in place, monitored and effective.

Some conservation measures may require Natural England to acquire land, but, where it does so, requiring it unilaterally to enter a Section 106 planning obligation would be inappropriate. Foremost, this would be an odd use of Section 106. Many conservation measures, such as in relation to wetlands, will not require planning permission. It is therefore unlikely that a Section 106 agreement between Natural England and the local planning authority would be needed.

What this amendment suggests is required is more likely to be a species of unilateral undertaking by Natural England—one that would unnecessarily restrict its latitude to deliver conservation measures flexibly. It would reduce the scope for Natural England to modify its approach where doing so would be within what the EDP approved and deliver more effectively for the environmental feature. Similarly, it could stop land being used for overlapping purposes.

Ultimately, it will be important that Natural England can implement whichever conservation measures it considers most effective while still being bound by the need for the measures to be sufficient to meet the overall improvement test—which this approach puts the focus on. In recognising the shift in approach under this model, I hope the noble Lord will withdraw his amendment.

Amendment 135, which was previously tabled in Committee by the noble Lords, Lord Roborough and Lord Blencathra, relates to the use of planning conditions as conservation measures. In previous debates, I have been clear on the importance of planning conditions to ensure that developers take appropriate action to avoid impact in advance of other conservation measures being delivered. These conditions will form part of the draft EDP and be consulted on, which will ensure that developers are fully aware of any conditions that may be imposed if they choose to utilise an EDP.

I also re-emphasise that the Bill will allow Natural England to request that a condition be imposed only on a development coming under an EDP. The Bill simply will not allow Natural England to request planning conditions to be imposed on any development other than where that development wishes to rely on an EDP.

Finally, I turn to Amendments 166 and 167, also tabled by the Lord, Lord Roborough. These amendments were also considered in Committee, but I am very happy to further clarify our position. The amendments would amend Schedule 4, which sets out the effects that an EDP has on underlying environmental obligations, establishing that, where a developer has committed to pay the levy, the relevant obligation is suitably discharged.

“Environmental impact” is defined within the Bill as

“one or more ways in which

the negative effect

“is likely to be caused by the development”.

Therefore, the effect of Schedule 4 is already limited to those impacts. If a development has multiple environmental impacts but only one is covered by the EDP, those other impacts are not affected by Schedule 4 and must still be assessed through the existing system. That is to ensure that all impacts are considered and features sufficiently protected, while allowing a more strategic approach where it is appropriate. I trust that this provides noble Lords with sufficient reassurance, and that they will not press their amendments.

[Lord Lansley (Con)]

If “environmental impact” in Clause 55 embraces all the ways in which a development might impact negatively on an environmental feature, why does the clause go on to say:

“But an EDP need not identify all of the possible environmental impacts on an environmental feature”?


By definition, that means that there may be environmental impacts that are not identified in the EDP but which, under Schedule 4, may come to be disregarded for habitats purposes.

[Baroness Taylor of Stevenage (Lab)]

I am sorry, I thought that I had clarified that matter. If only one impact is covered by an EDP, the others are not affected by Schedule 4 and have to be assessed through the existing system. That is to ensure that all impacts are considered and that features are sufficiently protected while allowing the EDP to cover a more strategic approach.

[Lord Lansley (Con)]

I apologise; I shall not intervene again. Schedule 4 says that the environmental impacts can be disregarded, but the Minister is telling us that the environmental impacts identified in the EDP can be disregarded. We agree, and that is what my noble friend is seeking to introduce into the Bill.

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Moved by

[Baroness Taylor of Stevenage]

136: Clause 55, page 92, line 31, after “section” insert “—
“England” includes—(a) the waters adjacent to England up to the seaward limits of the territorial sea, and(b) the English offshore region;“English offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322(1) of that Act);”Member's explanatory statement
See the explanatory statement for my amendment at page 92, line 9.

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[Baroness Grender (LD)]

My Lords, I thank the noble Lord, Lord Roborough, for tabling Amendment 138. I will be extremely brief and I will explain why in a second. We look forward to hearing the Minister’s response. We all need to be extremely mindful of invasive non-native species and the pressures they put on our beautiful, natural countryside.

Moving on swiftly—no joke intended—we support Amendment 245, tabled by the noble Lord, Lord Goldsmith. Amendments on swift bricks are a bit like buses: you wait ages and then two come along. We have another amendment in the next group. I am almost excited now in anticipation of the critique of Amendment 140 from the noble Lord, Lord Krebs.

We will develop our arguments on swift bricks, plus other measures, in the next set of amendments. As a slight precursor to that, I will say that we believe that the right way of doing things is to have a level playing field with developers and ensuring that everyone is asked to put in swift bricks. They cost 30 quid per brick, as I understand it. As the noble Baroness, Lady Coffey, has already said, this is not going to break the bank of any developers, especially with their net profits. We will support this amendment if it moves to a vote, but we are also very keen to get to the next group. I apologise to the House that we did not manage to get these two sets of amendments in the same group, which would have been much more sensible.

[Baroness Taylor of Stevenage (Lab)]

My Lords, this has been a very interesting debate. I thank the noble Lord, Lord Roborough, for Amendment 138, which seeks to protect the environmental features of environmental delivery plans that are identified as being at risk from invasive non-native species. As he said, we have had some very interesting discussions in meetings outside the Chamber about the various non-native species that plague our lives.

As we outlined in Committee, the Government recognise the negative impacts of invasive non-native species on our native species and ecosystems, and we are committed to taking action. We are already delivering the GB invasive non-native species strategy and have established the GB Non-native Species Inspectorate, as well as recently consulting on five pathway action plans that would target action at key pathways through which invasive non-native species can be introduced and spread.

While I appreciate the noble Lord’s intentions in tabling this amendment, we do not believe that it is necessary or feasible. The NRF already allows invasive non-native species control as a conservation measure, where it would be relevant to the environmental feature concerned and would support the delivery of the overall improvement necessary under the EDP. However, control may not always be the best option: other conservation measures may represent better value for money, have greater environmental impact and be more appropriate, in line with the need to secure the overall improvement by the EDP end date.

The amendment would introduce a free-standing requirement to take action to eradicate invasive non-native species from a development site, even where this is not linked to the impact from development covered by the EDP. This would require developers to pay to address an issue unrelated to their development. Mandating action in this way could delay an EDP’s preparation and delivery, increase costs and inadvertently limit the ability to secure the best environmental outcomes. On that basis, it is more appropriate that control remains a potential conservation measure under EDPs, to be used at Natural England’s discretion where it represents the best option. With this explanation, I hope the noble Lord will consider withdrawing his amendment.

On Amendment 245, the Government are committed to driving nature’s recovery while delivering the homes and infrastructure we desperately need. We recognise the dramatic decline of the much-loved swift and of other nesting birds, and I have had many discussions on this subject with the noble Lord, Lord Goldsmith. We are committed to supporting the rollout of swift bricks alongside new development. The only distinction between our position and the amendment before us is in the mechanism by which we seek to increase the use of this wildlife-friendly feature.

Incidentally, I had a meeting this week with Adam Jogee MP, who has a huge brick manufacturing plant in his constituency. I asked him whether he would speak to the people in that company to persuade them to produce swift bricks as well—so I am still on the case.

I thank the noble Lord, Lord Goldsmith, for his contribution on this topic and for setting out why he considers that swift bricks are an exceptional measure. We know that mandating swift bricks through building regulations is an issue of long-standing interest. I have debated it many times in this House. As we have laid out before, building regulations in the UK are designed to safeguard the health, safety and well-being of individuals in and around buildings. They were not designed to apply to the protection of wildlife, and expanding their scope to include interventions such as swift bricks would mark a significant shift in regulatory intent. This risks a number of unintended consequences, including diluting the purpose of the current regime, establishing overlapping policies and adding administrative pressure to a system that is already undergoing significant reform.

Furthermore, the process of updating building regulations is highly technical and complex. Introducing requirements that fall outside the current remit could slow down essential updates, divert resources, place additional burdens on registered building control approvers, complicate existing inspection, sanction and enforcement procedures, and fundamentally undermine the credibility of the system. We strongly believe that planning policy is the best way forward. The Government remain committed to consulting on a new requirement for swift bricks to be incorporated into new buildings as part of our consultation on national planning policy, which we intend to launch this year.

I am very grateful for the fascinating intervention from the noble Lord, Lord Krebs, because he helped emphasise that there are wider issues to be considered here. I hope that, by consulting on this national planning policy, we will be able to get the best outcome for nature as part of the planning policy that we set out.

In June, we published updated planning practice guidance, which set out expectations for the use of these features and signposted to further resources, including the relevant British industry standard. These measures are further to the new policy we introduced last December, which explicitly stated that development proposals should enhance the natural environment

“by incorporating features which support priority or threatened species such as swifts”.

We expect these policies to be adhered to and enforced, with the rest of planning policy that we have addressed previously, as a material consideration in planning decisions. Local planning authorities possess a range of powers to ensure that the terms of planning permissions are complied with, and they are able to take enforcement action where the requirements of a planning permission are being breached.

To bolster planning departments, last autumn, we announced a £46 million package, which included funding for the recruitment and training of 300 planners. Through the Bill, we are enabling authorities to increase planning fees and strengthen service delivery. We have put some resources in to help with the enforcement as well.

As we have set out previously, progress is already under way. I hope that the noble Lord, Lord Goldsmith, has noted that we have not stood still since our earlier discussions on this topic.

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[Lord Goldsmith of Richmond Park (Con)]

I have a very brief question for the Minister. Am I not right in thinking that the building regulations have been used as a vehicle in relation to the Climate Change Act as well as in relation to the Environment Act, and therefore they go beyond the remit of simply safeguarding the well-being and health of individual occupants?

[Baroness Taylor of Stevenage (Lab)]

Those are complex, technical regulations around the construction of buildings which do not relate to the protection of species. As the noble Lord is aware, there are many species lobbying groups which might want to use building regulations for that purpose. The other thing is that building regulations cover a huge variety of different buildings—probably including the 58-foot tower that the noble Lord, Lord Krebs, referred to. If you imagine the number of species compared with the number of different sizes and shapes of buildings, we would end up with a very complex picture with building regulations if we were to go down this route.

[Lord Roborough (Con)]

My Lords, I am very grateful for the Minister’s response to this small group of amendments. Starting just briefly with the invasive non-native species, I think it was very encouraging to hear the Government’s commitment to controlling them and to hear the role that EDPs will take in managing them.

I am also very grateful to my noble friend Lord Goldsmith for introducing his amendment, and I pay tribute to all the work he has done for the environment and nature restoration, not least as my previous neighbour in Devon with the remarkable planting schemes he did there. As regards his amendment, given that we are returning to this subject in the next group, we can address that then. In the meantime, I beg leave to withdraw my amendment.

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[Lord Blencathra (Con)]

My Lords, I thank all noble Lords who have spoken in this group. On this side, we share the passion that has been expressed across the House for a biodiverse and environmentally rich country. The proposals brought forward here are all rightly focused on boosting habitats for species and promoting nature. We agree wholeheartedly with that objective, which is shared among noble Lords on all Benches. The Government will resist these amendments at this stage, but we hope that these constructive proposals will be considered carefully by Ministers and their officials ahead of the planned nature Bill, which we are told to expect later in the Parliament.

I will make a few short personal comments which are relevant to the Bill. In our little, deliberately overgrown garden up north, we have five hedgehogs—because we have five hedgehog houses. I spend a fortune on five-litre drums of mealworms. I would say to the noble Lord, Lord Krebs, if he was in his place, “Provide the habitat and the food and you will get nature back”.

As far as bird strikes are concerned, on Amendment 246, some of the proposals there might seem expensive. However, I found that spending £5 on some stickers to put on the window glass stopped overnight 100% of bird strikes where birds were flying into the glass because of the reflection from the trees in the garden.

My final observation is that I despair every week, going back up north and finding yet another little garden being dug up and paved over. That removes the chance for the hedgehogs to get their slugs from the flowerbed and there is no grass for the blackbirds to dig up the worms from. These are personal observations, but they are relevant to the important amendments before us today.

I mentioned the nature Bill. Can the Minister give a timetable for the Government’s plans to introduce a nature Bill? When can we expect it to be introduced? Will there be an opportunity for pre-legislative scrutiny on the planned Bill? I hope that the Minister can give us a little clarity on that.

[Baroness Taylor of Stevenage (Lab)]

My Lords, we recognise that many of our most precious species are in decline, and we are clear that we need to restore the health of our ecosystems.

I thank the noble Baroness, Lady Grender, for her amendment, which seeks to enhance biodiversity in new development. However, as I set out previously, this is not about what we are doing but about the mechanism for doing it. That is where we have an issue. We do not believe that the use of building regulations is the best way of achieving our shared ambition, given that they are used primarily for human health and safety. As I have explained, expanding their scope to deliver unrelated environmental objectives risks weakening their clarity and efficacy and introducing delay and further complexity.

The planning system already sets out to support biodiversity and achieve nature recovery alongside the delivery of homes and infrastructure. Since 2024, subject to certain exceptions, biodiversity net gain has been mandatory for new planning permissions to achieve at least 10% net gain in biodiversity value. This is a significant step towards achieving our biodiversity targets set through the Environment Act. As we have set out previously, planning policy is clear that opportunities to improve biodiversity in development should be integrated as part of the design, including wildlife-friendly features. We will be consulting on a new requirement for integral nest boxes which can support a range of cavity-nesting birds, including swifts, starlings and house sparrows. Additionally, planning guidance such as the National Model Design Code and Natural England’s green infrastructure framework supports decision-makers to select design elements which suit individual proposals, including green roofs and walls, hedgehog highways—mentioned by the noble Baroness, Lady Freeman—bird bricks and bird and bat boxes. These can be used by local councils as a toolkit to set local design expectations. I hope therefore that the noble Baroness, Lady Grender, can withdraw her amendment.

I thank the noble Baroness, Lady Coffey, for tabling Amendment 203A. However, as mentioned in the previous debate on a similar amendment, the Government cannot support the introduction of a new permitted development right for ponds as an amendment to this Bill. We continue to recognise that ponds can deliver important biodiversity benefits, and we do want to encourage them in the right location. We also note the benefits of ponds for farmers in providing valuable sources of irrigation during dry periods. However, it remains the case that changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. Such changes generally follow public consultation to ensure that the views of the public, including those who would benefit from the rights created, are taken into account. Consultation also allows for consideration of any potential impacts of the proposal and consideration of how these might be mitigated.

There are also existing permitted development rights which do enable the creation of ponds where appropriate. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions to manage and control their impacts. Home owners can also create new ponds in their gardens under householder permitted development rights, again subject to certain limitations and conditions. This amendment seeks to provide a national grant of planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are appropriately located, there are circumstances where a planning application is appropriate. We therefore cannot support the amendment. However, as always, we continue to keep permitted development rights under review. For these reasons, I would kindly ask the noble Baroness not to press her amendment.

Turning to Amendment 246, I recognise the desire to reduce bird fatalities that result from collisions with buildings, and I am very grateful to the noble Baroness, Lady Freeman, for meeting with me ahead of this debate to discuss her interest in ensuring that new buildings are designed to reduce bird fatalities. Amendment 246 seeks to ensure that buildings incorporate features to reduce bird fatalities, particularly through design and the use of bird-safe glass, by embedding bird safety within the National Planning Policy Framework. The NPPF is already clear that planning policies and decisions should contribute to and enhance the natural and local environment, and that opportunities to improve biodiversity in and around development should be integrated as part of the design.

When determining planning applications, local planning authorities should apply the principle that, if significant harm to biodiversity resulting from the development cannot be avoided, adequately mitigated or, as a last resort, compensated for, planning permission should be refused. Supporting guidance such as the National Model Design Code and Natural England’s Green Infrastructure Framework demonstrate how well-designed places can foster rich and varied biodiversity by facilitating habitats and movement corridors for wildlife. Local design codes allow local authorities to set their own rules for high-quality places. I am very happy to consider what more can be done to promote the kinds of features that can help species safety that the noble Baroness has outlined. However, amending the NPPF to state that all new and refurbished developments should incorporate measures to prevent bird fatalities, such as bird-safe glass, would extend the reach of planning considerably beyond the extent of current controls and would likely increase construction costs and design complexity, ultimately constraining the delivery of the housing and infrastructure we so desperately need.

In addition, while some types of development, such as large-scale commercial schemes, may warrant targeted intervention, a blanket requirement would not adequately reflect the risks to species across diverse building types and locations. Bird fatalities due to collisions with buildings are a genuine concern, but a measure such as this has the potential to drive up costs and building delays without delivering proportionate benefits for nature. In light of these considerations, I hope the noble Baroness, Lady Freeman, will agree not to press her amendment.

In response to the noble Lord, Lord Blencathra, who asked me a specific question about the nature Bill, he will know that that is the province of Defra, so I do not have an answer for him immediately. If it is future legislation that is not already planned for this Session, I doubt whether we will be able to answer his question as specifically as he wants, but I will endeavour to seek advice from Defra about when and if they intend to bring a Bill forward.

[Baroness Grender (LD)]

My Lords, I thank the Minister for responding to this amendment. She says the policy is clear, and that may be the case, but the compulsion is not. Those developers who can get away with not doing this, as we all know, will attempt to do that. The swift brick will be back—I believe as early as Monday—but in the meantime, we will keep on working on this. I beg leave to withdraw this amendment.

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Moved by

[Baroness Taylor of Stevenage]

145: Clause 58, page 94, line 25, at end insert—
“(ja) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,(jb) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,”Member's explanatory statement
This amendment would require Natural England to consult its counterpart in Wales or Scotland and either the Welsh or Scottish Ministers where a draft EDP covers development (in England) which is likely to have an impact on a protected site in Wales or Scotland or in the waters adjacent to those countries (see also my amendment at page 95, line 11).

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[Lord Blencathra (Con)]

My Lords, I too support Amendment 148. As the noble Baroness, Lady Young of Old Scone, has said, it is a modest but sensible little amendment with broad support, as we have seen tonight from all sides of the House. It deals with many of the concerns raised by Members from all Benches, including covering a number of amendments that we on these Benches have tabled.

I see no need to speak at length. I know there is some suggestion that this could be an adequate solution to the ills of Part 3. I am afraid it does not go far enough in that regard, but it could be part of the solution. That is why I say to the noble Baroness, Lady Parminter, that if she intends to move it to a vote, the Official Opposition will support her. If she does not wish to vote on it tonight, we will need to return to this at Third Reading and discuss it further.

[Baroness Taylor of Stevenage (Lab)]

My Lords, Amendment 148, tabled by the noble Baroness, Lady Parminter, would require the Secretary of State to bring forward regulations dealing with various matters within six months of the Bill receiving Royal Assent. I am incredibly grateful to the noble Baroness for her continued engagement with Part 3 and welcome the opportunity to revisit the important matters raised by her amendment.

As set out in the recent all-Peers letter on the NRF, the Government are confident that each of the matters raised in this amendment is appropriately addressed in the legislation and that the safeguards in the Bill are sufficiently robust to guard against the misuse of this new approach. However, we recognise the particular desire for the Government to set out in greater detail how the mitigation hierarchy will inform the preparation of EDPs. I am happy to commit to working with the noble Baroness, Lady Parminter, to determine the best way for the mitigation hierarchy to be considered in the preparation of an EDP. To be clear: this includes my undertaking, if necessary, to bring forward an amendment at Third Reading.

I have already spoken about the mitigation hierarchy at some length in previous debates, so I will not repeat all those points, but I again draw Peers’ attention to the recent all-Peers letter, which sets out how the elements of the mitigation hierarchy are expressed through the legislation. The hierarchy starts by saying that development should avoid or reduce impacts wherever possible. Natural England is already able to achieve this by requiring that conditions are imposed on any development that relies on an EDP. These standard conditions will be a form of conservation measure under Clause 55.

At the other end of the hierarchy, harm should be compensated for only as a last resort. This too is incorporated into Part 3. Network conservation measures are a form of compensation measure, in old money. The Bill makes it clear that these can be used only where Natural England considers that they would make greater environmental improvement than measures delivered at the site being impacted. It is inherent in this that Natural England must prefer conservation measures, which would previously have been called mitigation measures, to compensation measures. Both these structures are reinforced by the existing legal obligation, under the Environment Act 2021, for the Secretary of State to have due regard to the environmental principles policy statement when making policy, which will also apply when making an EDP. This will itself encourage compliance with the mitigation hierarchy through the prevention and “rectification at source” principles.

As I have said, I welcome the opportunity to work with the noble Baroness to ensure that there is clarity as to how this framework will be deployed in practice. In respect of the other limbs of her amendment, the Government’s amendments clarify that Natural England and the Secretary of State will need to have regard to the best available scientific evidence. This approach to evidence feeds into the consideration of any baselining that Natural England will have to do to appropriately model the impact of development on a relevant environmental feature.

The noble Baroness’s amendment also speaks to the position in respect of irreplaceable habitats. This returns us to the overall improvement test, which simply would not allow an EDP to be made if it would lead to irreversible or irreparable harm, as this would fail to secure the overall improvement of the conservation status of the relevant environmental feature required under the test. Where an environmental feature is irreplaceable, an EDP could not allow for this feature to be lost, as that would fail to materially outweigh the impact of the development.

I am therefore confident that putting a duty on the Secretary of State to make regulations on these matters is unnecessary, but I recognise that the Government will want to carefully consider areas where it would be useful to provide further guidance to Natural England as part of the implementation of the NRF. I therefore hope the noble Baroness, Lady Parminter, feels able to withdraw her amendment. I will not speak to Amendment 236A, as the noble Baroness, Lady Coffey, suggested.

[Baroness Parminter (LD)]

My Lords, I thank all noble Lords who have spoken in this debate to show that there is consensus on the importance of this issue and the need for the Bill, as it stands, to be amended to address what I think the noble Baroness, Lady Young, regarded as a teeny-tiny issue but which could have really significant impacts, both for the environment and in certainty for the business community. We on these Benches always seek to be constructive, and I thank the Minister most heartily for her offer to have further discussions between now and Third Reading to progress matters. I hope very much that we can make progress on this before Third Reading. With that, I beg leave to withdraw.

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Moved by

[Baroness Taylor of Stevenage]

149: Clause 58, page 95, line 11, at end insert—
“(8) In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.”Member’s explanatory statement
See the explanatory statement for my amendment at page 94, line 25.

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[Baroness Taylor of Stevenage (Lab)]

My Lords, I will begin with Amendment 191. This seeks to remove Clause 83, which provides Natural England with powers to compulsorily purchase land to carry out functions under Part 3.

To secure a win-win for nature and the economy, Natural England needs to have the necessary powers to bring forward the conservation measures needed to secure environmental protection while enabling Britain to get building. I know that the availability of compulsory purchase powers is a concern for some in this House, which is why the Government have taken a suitably cautious approach to the provision of such powers under Part 3. But we are clear that CPOs should be available to Natural England, subject to approval from the Secretary of State, where they are needed to secure land that is necessary to deliver conservation measures required under an EDP.

This is not, as some would portray it, a power grab for Natural England, but part of a package of measures in the Bill that will ensure that the necessary conservation measures will be delivered. While the Secretary of State would approve the use of such powers only where they were truly necessary, we believe that they need to be available to ensure that important conservation measures are not prevented from coming forward. On this environmental basis, I hope the noble Lord can see why such powers are necessary and will agree not to press his amendment.

Amendments 153 and 160 from the noble Lord, Lord Roborough, would require Natural England to return any land obtained under a compulsory purchase order under two situations. The first situation would require land to be returned where Natural England has used CPO to purchase land that is then not required as the Secretary of State has subsequently chosen not to make an EDP. I assure the noble Lord that this situation will never arise, as Natural England is unable to use these powers before an EDP has been made by the Secretary of State.

The second situation seeks for land to be returned in the event that an EDP is revoked. It is important to recognise that, in the unlikely event that an EDP is revoked, the Secretary of State is required to take proportionate action to ensure that the impact of development that has come forward under the EDP is materially outweighed, in line with the overall improvement test.

It is not the case that, where an EDP is revoked, conservation measures can then be discontinued. Where an EDP is revoked, it will be because the Secretary of State no longer considers that it would meet the overall improvement test. It would therefore be environmentally reckless to require the land to be returned in this scenario, given the ongoing need to outweigh the impact of development. To do so would risk removing vital conservation measures and increasing the need for remedial action that would need to be funded by the taxpayer.

Amendment 190 would restrict Natural England’s ability to use CPO powers for land that is part of a private dwelling. I assure noble Lords that the powers being granted to Natural England are not a licence to turn private gardens into nature reserves. As I have set out previously, these powers are there to provide certainty that, where necessary, Natural England can purchase land in this way.

However, we recognise that CPO is a significant tool. That is why it is ultimately a decision for the Secretary of State whether the public benefits of the CPO outweigh the interference with individual property rights and whether there is a compelling public interest in making the CPO. This important safeguard ensures that the use of these powers comes with appropriate oversight. Noble Lords will be aware of existing protections around private dwellings granted by the Human Rights Act.

Amendment 252, again tabled by the noble Lord, Lord Roborough, would require Natural England to return any land obtained through compulsory purchase orders where the value of the work carried out exceeded the price of the original contract offered to the landowner. To secure the successful delivery of the new strategic approach, we must ensure that Natural England has sufficient powers and resources to deliver the necessary conservation measures.

We expect Natural England to consider using compulsory purchase powers only once other options to acquire the land have been exhausted. Where land is acquired by compulsory purchase, this will be subject to appropriate scrutiny and oversight—including authorisation by the Secretary of State—and the landowner will receive compensation, in line with the existing approach.

The price paid to the landowner if the land is compulsorily acquired is not linked to the value of any contract proposed by Natural England prior to a CPO being taken forward, but will reflect the fair market value of the land. This approach to valuation is common across different CPO powers and is not specific to EDPs. When land is acquired by this route, Natural England will use the land to deliver conservation measures required under the EDP. The cost of these measures may vary for a number of reasons, and it is conceivable that Natural England may be able to use the land to deliver a range of conservation measures linked to different EDPs. As well as undermining the ability of EDPs to meet the overall improvement test, requiring land to be returned in this situation would expose taxpayers and developers to increased costs and would require Natural England to monitor the value of contracts associated with the land for potentially up to 100 years, with land being returned, potentially at increased value, at any point over that period.

I recognise that the use of compulsory purchase powers is an issue close to the heart of many noble Lords. However, I trust that noble Lords can recognise the need for these targeted powers and can appreciate the safeguards established through the Bill.

Finally, Amendment 189A would require the Secretary of State to permit a landowner to make written representations before any decision on whether to approve a compulsory purchase is made. As part of this amendment, Natural England would be required to inform landowners that this option is available and provide all parties with the necessary information.

I can reassure the noble Lord that the important protections in his amendment already apply in the Bill. Paragraph 1 of Schedule 5 specifies that the provisions of the Acquisition of Land Act 1981 apply to compulsory purchases made by Natural England under Clause 83. Sections 12 and 13A of that Act include provision for the notification of affected landowners as well as the ability of objectors to submit representations to the confirming authority, in this case the Secretary of State, either in writing or via a hearing.

With this explanation, I hope that the noble Lord will withdraw his amendment.

[Lord Roborough (Con)]

I am very grateful to the Minister for her reply to my amendments. I did not detect much movement, although I thought it was very helpful to have the answer on Amendment 189A, which is a significant protection to a landowner who has been CPO-ed. I did not detect much of an answer on the Crichel Down rules as such, and whether it was possible to improve on those as they relate to a CPO for an EDP. Perhaps the Minister can reflect on that over the next few groups and offer something before we get to Amendment 191. I am still minded to test the opinion of the House on that, but any clarification could be helpful. In the meantime, I beg leave to withdraw the amendment.