Recommendation 16

HM Government · verbatim extract Not Addressed

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). 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. 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. 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. 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. 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.