Planning and Infrastructure Bill (First sitting)

Olly Glover Excerpts

Committee stage
Thursday 24th April 2025 Public Bill Committees

[Matthew Pennycook]

Q Marian, thank you for giving your time today and for the work that you and the organisation are doing to ensure that the new system will be operational shortly after the Bill gets Royal Assent.

Can I get you on the record in terms of the objectives of part 3 of the Bill? Is Natural England confident that the nature restoration fund will deliver better outcomes for the environment than the status quo? Specifically on the powers that will be available to Natural England in bringing forth EDPs, do you think the Bill gives you enough flexibility to consider a wide enough range of conservation measures to deliver those plans?

Marian Spain: We are confident that this will be an improvement on the current system. We have already run versions of the nature recovery fund for recreational impact, for great crested newts and for nutrient mitigation, so we have seen enough that these schemes can work. We are confident that they will work.

We are also clear that it is an improvement because at the moment the current arrangements are sub-optimal for developers and for nature. We see that developers are investing disproportionate amounts of time on data gathering that could be better done once and centrally. We see that investment in mitigation and compensation in the sequential scheme slows things down and does not always create the biggest impact. We also see that there is less transparency than the public and indeed developers themselves sometimes want about how the money is being spent. We are confident this will be an improvement.

The other important point to note is that many of the pressures nature is facing now, particularly water quality, air quality and recreation, are diffuse. They are not specific. They are widespread. They are cumulative. It is impossible for an individual developer to adequately consider, mitigate and compensate. We need to do that at much more of a scale. We think the measures in the Bill and the associated measures of having more robust spatial development strategies that look at nature and development together, and of having the plan up front that tells us what the impact will be and how to mitigate it, and then the fund to allow that discharge, is a major step forward.

It is unknown—well, it is not unknown, forgive me. It is a risk, of course, and people will be concerned that it will not be regressive and that it will not be a step back, but we think there are enough measures in the Bill that are clear that this is about improvements to nature—maintaining the current protections, but also allowing development to make its adequate contribution to restoration of nature.

[Olly Glover (Didcot and Wantage) (LD)]

Q You mentioned that you have already started some work on environmental delivery plans. Are you able to say a little more about how long you think individual plans will take to develop and come into force, and a little more on what you said about the criteria that you will use to decide where and what sort of areas will need them?

Marian Spain: I cannot yet give you specifics. This is thinking that is happening now. We have not yet made any decisions. I have mentioned that we are looking at feasibility, demand, and ability to deliver. I think that where we will look next, the areas that are at the top of our minds in our conversations with fellow officials, will be air quality; the impact of nitrogen deposition on nature, which we see as a major risk; water quality; water quantity —the availability of water for both nature and development is high on the list; and a certain number of protected species. The commoner species of bats are likely to be able to benefit from the measures—similar measures as for newts. It is not yet all protected species, and we do not yet know which, so I cannot give you a definitive answer. I think it will be the next financial year when we start to roll out those further plans.

It is also quite hard for me to give you any certainty about exactly how long the plans will take, because they will vary, of course. Some of them will be geographically defined; some will be subject defined; and some might be species defined. They will be varied and mixed. But we are conscious that we need to move quickly on this, because we need to give developers a better solution than they currently have.

[Olly Glover]

Q I appreciate that there is a lot of uncertainty and you have been very honest about that. As a colleague of mine has already acknowledged, there is a huge amount of concern about the provisions in the Bill. What is it that gives you such assurance or confidence, given that we know so little about EDPs, that the Bill’s measures will not reduce the level of environmental protection given by existing environmental law?

Marian Spain: I suppose there are two parts to that answer. One is the success we have seen of the similar schemes already running; I could expand on that if you wanted any specifics. Also, the Bill contains a number of safeguards. I think the first thing that the Bill does is that it effectively maintains the mitigation hierarchy, because the best way to protect nature is to avoid damaging it in the first place. The obligations on developers and the legal protection for sites and species remain. The Bill does not remove those. The Bill maintains that obligation, but makes it easier and simpler for developers to discharge, and the fact that a developer will have to pay a levy will in itself make them think, “Am I better off avoiding this and therefore the cost, and building somewhere else?” There is a safeguard there.

The other really important safeguard is that the Secretary of State is the ultimate arbiter of whether an EDP will be adequate and will produce the net overall improvement. That is the other reason why it is hard to be very specific about EDPs—because until we start to develop them in earnest, it is hard to see. There will need to be a fairly robust evidence base for the Secretary of State to be confident that the measures will have a positive impact and we will have a net overall improvement.

[Lee Pitcher (Doncaster East and the Isle of Axholme) (Lab)]

Q Thank you, Marian, for coming along today; that is massively appreciated. I have heard a few things today about genuine community benefits being essential—they must be delivered—and partnerships and relationships being hugely important in order to be able to facilitate those. Everybody we have talked to, including you, has welcomed the Bill and said that it will take us forward. But if the community benefits are key, you now have a huge duty, as part of the Bill, to deliver and support those. I just wonder about the cultural change that needs to go on in relation to working with others and working in partnership. How prepared for that are you as an organisation?

Marian Spain: Nearly all our work is done in partnership anyway. Perhaps I will just expand on what I think the crucial partnerships are for the Bill to succeed. Actually, before I do, I will say one other thing. The Bill will require us to not produce the EDPs in isolation. They will require us to do public consultation. They will require us to work with others. We will need to work with the local planners. We are also highly likely to need to work with those who already have the data. That might be the voluntary sector; it might be the professional ecology sector that we rely on heavily to provide us with the data to have the confidence to recommend a robust plan to the Secretary of State.

The other part very much on my mind at the moment is that one of our jobs will be to give confidence to everybody who needs to be involved in making this work that the plans are robust and adequate and will have the impact intended. One thing that developers say to me is that they want confidence that if they are going to pay money, it will be well spent. A developer said to me the other day that the thing he finds most frustrating is that he puts money into the community infrastructure levy and he never sees what it is spent on, so I think there is something about giving developers confidence that if they participate, they can see they have done some good. Planners will need a fair degree of confidence that they are giving planning permission that is within the overall planning laws still.

We need our wildlife groups to work with us on this. We need to give them confidence, because they will own a lot of the land on which we will make the improvement. But as important—a group that we have not often talked about in these conversations—are the private landowners, who we will also need to have confidence that they are participating in a fair market where they will be adequately rewarded, should they choose to put their land in, and that they will also see that they are doing something for the public benefit.

The final group, if I dare say it, will be parliamentarians, who need to have confidence that these measures will contribute to the statutory climate and nature targets. It is all about how we work with all those groups to show that this is better.