Source · Select Committees · Energy Security and Net Zero Committee

Recommendation 30

30 Accepted

Require developers to avoid building on high ecological and climate value land.

Recommendation
The Government should require developers to avoid building on land that has high ecological and climate value, such as peat and saltmarsh. (Recommendation, Paragraph 79)
Government response summary AI-generated
The government states that existing National Policy Statements (NPSs) already protect irreplaceable habitats like peat and saltmarsh, require applicants to avoid impacts as the first stage of mitigation, and guide them to seek other locations before siting developments on peatland.
Summary of the government's response below — read the verbatim text to verify.
Government Response Accepted
HM Government · verbatim extract Accepted
Certain habitats, such as types of peat or saltmarsh habitat, may be deemed ‘irreplaceable habitats’ and appropriately protected (EN-1 section 5). Energy NSIPs typically require the applicant to conduct an Environmental Impact Assessment and produce an Environmental Statement. Applicants are required to demonstrate how they have followed the mitigation hierarchy – the first stage of which is to avoid residual impacts (EN-1 section 4); where avoidance is not possible, applicants are required to demonstrate how they will reduce, mitigate and compensate for residual impacts. Applicants are required to include measures to mitigate fully the direct and indirect effects of development on irreplaceable habitats during both construction and operational phases. The NPSs require that the Secretary of State should not grant development consent for any development that would result in the loss or deterioration of any irreplaceable habitats. The NPSs signpost to the England Peat Map and provide clear guidance that applicants should seek and rule out other locations before siting developments on peatland (EN-3 section 2). 32. Effective marine spatial planning will be essential to balance the protection of marine and coastal habitats with the accelerated development of offshore energy infrastructure. Government, using the Marine Spatial Prioritisation (MSPri) Programme, has developed a more strategic way of considering the use of the seabed by identifying priorities in different locations (in English waters). This will inform The Crown Estate’s (TCE) spatial refinement ahead of identifying future offshore wind areas, while avoiding the most environmentally sensitive areas (including for birds) and minimising impacts on areas being used for other activities that are important for other government priorities (e.g. fisheries). TCE and DESNZ will continue to engage with offshore wind developers ahead of leasing areas being identified. The SSEP will consider marine zones as well as terrestrial, so will be an important marine spatial planning tool post-2030.
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