Natural Habitats: Infrastructure Projects

Lord Moylan Excerpts

Monday 26th April 2021 Lords Chamber

Asked by

[Lord Moylan]

To ask Her Majesty’s Government what plans they have to review the legislation that implemented the European Union Habitats Directive in regard to the protection of natural habitats during the construction of major infrastructure projects.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, protecting and improving the environment while delivering vital infrastructure is a top government priority. This includes the development of a more strategic approach to the protection of habitats and species, allowing for more dynamic and pragmatic planning while benefiting biodiversity. The Environment Bill will provide a statutory basis for species conservation and protected site strategies to encourage the design and delivery of broadly based solutions, in partnership with planning authorities, local communities and others.

[Lord Moylan (Con)]

My Lords, I declare my interests as shown in the register. This Question is not intended to provoke a binary debate between construction versus wildlife but it is an opportunity to consider the delay, risk and cost imposed on nationally significant infrastructure projects by what has become an intricate, bureaucratic and box-ticking regime. Now that we are free of the EU, will my noble friend at least consider using the forthcoming Bill to amend the definition of what counts as an IROPI—an imperative reason of overriding public interest—in the Conservation of Habitats and Species Regulations 2017 to include critical national infrastructure?

[Lord Goldsmith of Richmond Park (Con) [V]]

My Lords, the regulations do not currently define which projects count as IROPI. However, nationally significant infrastructure projects will most likely always meet the public interest test, providing the project meets the environmental safeguards that no feasible alternatives exist for delivering it without impacting upon a protected site and that the necessary compensatory measures from any damage to habitats or wildlife have been taken. If my noble friend has any particular example he is concerned about, I would be very happy to meet him to discuss it, including the scope for clarifying whatever guidance we have on this.