Recommendation 11

HM Government Not Addressed

35. The success of the NRF will come down to the delivery of the win-win for nature and development. As such, we would expect Natural England to be judged based on the successful delivery of EDPs that secure better environmental outcomes whilst supporting development to come forward. It is through the successful delivery of an effective and impactful service that Natural England will build confidence across sectors. 36. There are several ways in which the Government and Natural England will regularly assess EDP delivery. Throughout an EDP’s duration, monitoring will play a critical role in providing scientific evidence and confidence that conservation measures are achieving the desired effect. Under the Planning and Infrastructure Act, Natural England is required to publish annual reports which will provide an overview of NRF progress including the amount of money received and spent under each EDP. In addition, Natural England are required to produce EDP specific reports at the mid-point and end-point of an EDP, and may choose to publish a report at any time. These EDP specific reports will show the delivery of conservation measures and whether they are on track to achieve the desired positive environmental outcomes. Through this careful monitoring, Natural England will ensure that conservation measures under each EDP materially outweigh any negative impact of development – building trust in their ability to be a producer and arbiter of EDPs. 37. Further legislative safeguards include a requirement for Natural England to deploy backup measures if monitoring shows that conservation measures are insufficient; and a requirement for the Secretary of State to publish a statement if an overall improvement has not been achieved by the EDP end date or at EDP revocation. This statement must set out the proportionate remedial actions that will be taken to secure overall improvement. These legislative monitoring and reporting requirements ensure transparency and provide the opportunity for both Government and external scrutiny of the ongoing impact and delivery of EDPs. 38. In addition, during passage of the Planning and Infrastructure Act, the Government provided assurance about the sequencing of EDPs by confirming that the first set will address nutrient pollution. This is an area where we have substantial first hand evidence that a strategic approach works. It is also an area in which Natural England have already proved their expertise in supporting the delivery of mitigation across the country. Taking this approach will therefore provide us a useful test case, to demonstrate both the impact of EDPs, and Natural England’s ability to deliver. The Government also committed to returning to Parliament once the first nutrient EDPs are made to issue a statement on the initial learnings from their development and implementation. Further EDPs will not be made until this has happened. This approach will ensure that the learning from the first nutrients EDP is considered before any EDPs beyond nutrients are made and operational. 39. While Natural England already undertake some direct delivery, we recognise that the NRF is an expansion of their delivery role which is why we have inserted these legislative safeguards and Parliamentary commitments. They will ensure transparency for both the performance of individual EDPs, and the way Natural England monitors and reports on its performance. Overall, this will build public confidence in Natural England’s ability to deliver this new approach.