Source · Select Committees · Environmental Audit Committee
Recommendation 9
9
Not Addressed
Align future national land use policies with all environmental targets and frameworks explicitly
Recommendation
Any future national spatial planning or land use policies, such as a Land Use Framework or Spatial Development Strategies, must be aligned with, and complimentary to, all environmental targets, frameworks and policies. These include but are not limited to: Environment Act 2021 86 targets, the Environmental Improvement Plan, Biodiversity Net Gain, Nature Recovery Networks, Environmental Land Management Schemes, Local Nature Recovery Strategies (LNRS), Environmental Delivery Plans (if in existence) and Flood Plans. The relationships between LNRS and other spatial planning and nature policies, such as the ones noted above, should be made clear. In its response to this report, Government should lay out how each of the policies mentioned above align and work together. (Recommendation, Paragraph 58)
Government Response Summary
The government's response focuses on the mechanics and accountability of Environmental Delivery Plans (EDPs), including the Overall Improvement Test and public consultation, but does not provide the requested overview of how EDPs align with the broader set of environmental targets and policies.
Government Response
Not Addressed
HM Government
Not Addressed
27. The NRF has been designed to allow for EDPs to be brought forward covering a range of different environmental features. However, an EDP can only be made where the EDP would pass the overall improvement test (OIT). 28. We recognise the importance of transparency in creating public confidence in EDPs, which is why the legislation establishes this clear test. The OIT requires the Secretary of State to consider whether, by the EDP end date, the positive effect of all the conservation measures set out in the EDP will materially outweigh the negative effect on the environmental feature of all the development that the EDP enables. 29. This determination will be informed by the best available scientific evidence. It will also benefit from Natural England having set out the proposed sequencing of the implementation of conservation measures and provided their view as to whether and why they believe the OIT is met. 30. A key element of this new model is that each draft EDP will be subject to public consultation, supported by relevant evidence setting out how the conservation measures will deliver the required environmental improvement. The Secretary of State will take consultation responses into account when making an EDP. This process will provide transparency, making it clear what evidence the Secretary of State has considered when making an EDP. 31. The power to make an EDP will be governed by the usual public law principles which govern how decisions should be made. Any decision to make an EDP will need to be procedurally fair, reasonable, rational and take into account all relevant factors and take no irrelevant factors. The Planning and Infrastructure Act is clear that if someone wants to challenge the decision to make an EDP they can do so by way of judicial review. 32. As we move forward with implementation we will carefully consider whether any further information or guidance is required to support the development and consideration of EDPs.