Peers intervene to reduce risks to nature as the Bill nears conclusion, but much remains at stake.
In March 2025, the UK Government introduced the Planning and Infrastructure Bill. Their intention is that the Bill speeds up the delivery of new housing and infrastructure. As originally drafted, the Bill removed vital nature protections and threatened nature’s recovery. A threat heightened by those in the highest government offices repeatedly using false anti-nature rhetoric.
As originally drafted, Part 3 of the Bill created Environmental Delivery Plans (EDPs) to allow multiple development impacts, and their required restoration measures, to be considered together over much larger areas at the same time. But it also removed many crucial safeguards vital for environmental protection.
The RSPB was so concerned by this threat to nature that we called for Part 3 to be scrapped.
Thanks in no small part to successful campaigning, backed by many thousands of RSPB members and supporters, in July the UK Government announced a number of amendments to the Bill to address these concerns.
Our assessment of the Government’s amendments concluded that, overall, they address the greatest of our concerns, and we were pleased these have been passed by Peers.
However, we have always said this is very much dependent on further strengthening both in the Bill itself, and through associated guidance, policy, and secondary legislation, plus ensuring there are sufficient resources to enable effective delivery.
This would be delivered in large part by Amendment 148 tabled during the Lords Report Stage by Baroness Parminter (et al). It requires the use of secondary legislation to provide increased legal certainty on:
the mitigation hierarchy (which requires developers to seek to avoid harm first);
the precautionary principle (which requires the implementation of measures to prevent potential damage);
increased protection for irreplaceable habitats (like ancient woodland and limestone pavement);
and the use of the best science.
During the debate of this amendment the Government committed to work with Peers to ensure clarity on how EDPs will be deployed recognising "…particular desire for the [Government] to set out in greater detail how the mitigation hierarchy will inform the preparation of EDPs…".
In response the amendment was withdrawn for now, but it will come back at Third Reading if the UK Government doesn’t deliver on its assurances. If that happens, we will call on all Peers to vote for it.
Last Wednesday (29 October) saw a significant win for nature when Peers passed Baroness Willis’ amendment (130) limiting the use of EDPs to issues where landscape-scale approaches have been proven effective; like nutrient neutrality, water quality, and air quality – and not species.
This supplemented an early success when the Bishop of Norwich’s amendment (94) to ensure the protection of chalk streams, was passed.
Having supported Hannah Bourne-Taylor's campaign to make Swift bricks a legal requirement from the start, we share her disappointment that Peers rejected an amendment (245) last night that would have made them mandatory on all new brick-built homes.
The vote – the last chance to secure Swift bricks in this Bill – was late at night and the Government decision not to support it (a measure they had supported when in opposition) meant its fate was sealed before votes were cast.
Amendment 246, which would have mandated the use of bird safe glass in new builds was withdrawn by Baroness Freeman after a positive statement from government that they will look at the possibility of targeted measures for commercial development.
We will support her efforts to get government to bring forward its own amendment to that effect at Third Reading next week.
Third Reading, the last stage of the Bill’s passage through the House of Lords, will come on 10 November, after Peers return from recess.
The Bill will then return to the Commons so that MPs can scrutinise and vote on all the amendments passed by Peers; they can accept, reject, or revise any of these. At this time, probably mid-November, we will need your help again to ensure MPs pass, unrevised, all those that ensure protection for nature.
Keep an eye on these news pages, our social media channels, and your email!
