Synopsis
This Act introduces Environmental Delivery Plans (EDPs). Where implemented, EDPs will enable developers to discharge environmental obligations by contributing to the Nature Recovery Fund. Funds would then be used to address likely negative impacts on protected sites and species.
EDPs may also allow developers to avoid relevant ecological assessment and mitigation measures.
Summary
The Planning and Infrastructure Act 2025 introduces new powers and amends a variety of legislation. This summary concerns Environmental Delivery Plans (EDPs) only.
The Levelling-up and Regeneration Act 2023 (Commencement No. 9) and Planning and Infrastructure Act 2025 (Commencement No. 1 and Transitional Provisions) Regulations 2025 bring outstanding sections of the Act concerning Environmental Delivery Plans (EDPs) into force on 18 February 2026.
What will change?
Environmental Delivery Plans (EDPs) (England only)
Part 3 of the Act introduces EDPs and the Nature Restoration Fund (NRF), which are intended to address likely negative environmental impacts of developments.
Developers will be able to discharge certain environmental obligations by contributing to the NRF. These contributions will be gathered via a nature restoration levy. Funds raised will be used by Natural England or an alternative designated delivery body to deliver actions under EDPs. Levy charging schedules will be included in each EDP.
Where EDPs are put in place and used by a developer, the developer would not be required to carry out their own ecological assessments or to deliver mitigation where the issues concerned are addressed in the EDP.
Following consultation and approval, EDPs will be published by Natural England.
EDPs will set out actions to be taken to address the impact of the planned development(s) on protected sites or species. The EDPs are also intended to support nature recovery and to contribute to overall improvement in the conservation status of the identified environmental feature(s).
Content of EDPs
Where prepared, the EDP will set out conservation measures to be taken with respect to protected features or protected sites or protected species. The EDP will state the development area it covers, state which developments are not covered, including maximum development limits.
The EDP must identify one or more environmental features that are likely to be negatively affected and how this is likely to be caused by the development. Details of proposed conservation measures must be provided, alongside how much these are expected to cost, how these are to be maintained and for how long.
EDPs may permit environmental impacts on protected sites to go ahead where the conservation status of the same feature can adequately be improved elsewhere. EDPs may only include these types of measures where Natural England considers these measures will make a greater contribution to the improvement of the feature off site than measures addressing the impact of the development at the protected site itself.
EDPs will also state licences that will be granted to Natural England to deliver the measures stated. These concern licences under the Conservation of Habitats and Species Regulations 2017, Wildlife and Countryside Act 1981 or Protection of Badgers Act 1992.
EDPs will start from the stated date and may run for a maximum of 10 years from this date.
EDPs: Relationship to other environmental obligations
Schedule 3 defines environmental obligations related to NSIP developments that are discharged, disapplied or otherwise modified where subject to an EDP and the nature restoration levy is paid:
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