Source · Select Committees · Environmental Audit Committee
Recommendation 24
24
Not Addressed
Strict application of mitigation hierarchy for housing developments remains essential without scientific justification.
Recommendation
The relaxation of the mitigation hierarchy (MH) in the Planning and Infrastructure Bill has been a significant point of contention. The MH aims to ensure that harm to nature is first avoided, with destruction and compensation used only as a last resort. We believe that the strict application of the MH on housing developments should remain in place, unless it is proven, using the best available scientific evidence, that nature is better served by not adopting the hierarchy in specific and individual instances. (Conclusion, Paragraph 97)
Government response summary AI-generated
The government's response focuses entirely on carbon accounting and climate change targets, stating it will maintain a voluntary approach to carbon assessments and update planning practice guidance. It does not address the committee's recommendation regarding the strict application of the mitigation hierarchy in housing developments.
Summary of the government's response below — read the verbatim text to verify.
Government Response
Not Addressed
HM Government · verbatim extract
Not Addressed
The Government is committed to applying the mitigation hierarchy (avoid, minimise, mitigate, compensate) as the guiding principle for Biodiversity Net Gain and the Nature Restoration Fund. This commitment is underpinned by the Environment Act 2021. We are clear that the NRF, its principles and its application of the overall improvement test, are consistent with the mitigation hierarchy and the Environment Act 2021. The NRF establishes a strategic approach to delivering better environmental outcomes, supporting development where it has been identified as necessary and appropriate in a particular location in accordance with the NPPF. When considering the overall improvement test for a particular EDP, the Secretary of State will need to be satisfied that the positive effect of all the conservation measures will materially outweigh the negative effect on the environmental feature of all the development that the EDP enables. This demonstrates that the NRF does not compromise the mitigation hierarchy but applies it at a strategic level. It will deliver a nature positive future where nature can thrive. Our consultation on the NPPF published on 16 December 2025 included proposed changes to the climate change policies of the NPPF. This includes a proposed decision-making policy on climate change mitigation which sets out that development proposals should take advantage of opportunities to re-use existing structures and materials.
Read the full response on Parliament ↗