Nature-friendly planning reform needed as over half of English Local Authorities missed legal deadline on actions to restore nature

New research, released today (13 December) by Wildlife and Countryside Link, reveals that overstretched and under-resourced English Local Authorities have been struggling to meet legal deadlines to consider the nature recovery action they need to take and the policies to support this.

Coinciding with these findings, nature groups including RSPB, The Wildlife Trusts, Friends of the Earth and the Woodland Trust are launching a new Wilder By Design campaign today. They are calling for the Government’s upcoming Planning and Infrastructure Bill to include a series of reforms to deliver a planning system that not only minimises harm to nature but actively supports the recovery of wildlife and wild places.

The Freedom of Information request to all 317 English Local Authorities received 294 responses, which showed that:¹

• Only 41% (121 of 294) have considered the biodiversity actions they need to take with policies and objectives to support this. The remaining 59% are either missing overarching biodiversity actions or related policies and objectives, or have neither in place.
• A third of Local Authorities 34% (99 of 294 respondents) are almost a year overdue on their legal duty to consider actions for nature recovery (their ‘first consideration on biodiversity’)
• A quarter (25%) have met the legal requirement to consider biodiversity action, but almost a year on from the deadline have failed to produce policies or objectives to support this
• Almost half (48% – 140 of 294) have no relevant biodiversity policies or objectives whether they have considered overarching biodiversity actions or not.
• Some of the best performing Local Authorities included:

• Bolsover District Council (who called a Local Nature Recovery Summit with a broad range of stakeholders agreeing four pledges for action, including to increase the financial support for local nature recovery by 50%).
• Solihull Metropolitan Borough Council (which has prepared a wide-ranging Natural Capital Investment Strategy (NCIS) and Delivery Plan to support delivery of the Biodiversity Duty across the Council’s activities). 
• Greater Cambridgeshire (Cambridge City Council and South Cambridgeshire District Council) who had already declared an ecological emergency in July 2019 backed by a range policies, with a ‘Doubling Nature Strategy’ and associated Action Plan which is reviewed annually and significant preparation and dedicated resource to implement Biodiversity Net Gain in new developments.

Under the 2021 Environment Act, Local Authorities have a ‘biodiversity duty’ to consider actions they can take to conserve and enhance nature.² The deadline to develop these actions or ‘first consideration’ was 1 January 2024, with policies and objectives to deliver the plan required to be agreed ‘as soon as possible’ after the January 2024 deadline and required to report on progress by 1 January 2026.³

The Biodiversity Duty relates to multiple aspects of Local Authorities’ work that might affect nature and the environment, from traffic and air pollution to park and site management. Planning and development is a key aspect of the duty, including multiple planning elements, from considering and delivering Local Nature Recovery Strategies in local plans to enhancing access to nature. Development and implementation of, and reporting on, credible and ambitious biodiversity actions, policies and objectives is an essential commitment towards nature-recovery and wildlife-rich spaces for local communities. 

Richard Benwell, CEO of Wildlife and Countryside Link, said: “Local Authorities have a critical role to play in the planning process and the restoration of nature, but it’s clear that they need more support from Westminster. Putting nature at the heart of the planning system would help create healthier neighbourhoods, cut costs to the NHS, provide cleaner air and water and help make communities more climate change resilient. The upcoming Planning and Infrastructure Bill is a once-in-a-generation opportunity to secure reforms that deliver a planning system that works for wildlife, wellbeing and the wider economy. It can’t just be about minimising harm to nature any more. The planning system must be geared to make space for bigger, better spaces for nature.”

Beccy Speight, RSPB CEO, said: “Nature must be at the heart of decisions about what, where and how we build, yet so often it’s undervalued or overlooked. This can’t go on. Local Planning Authorities have been starved of resources over the past decade, and often lack sufficient staff, particularly with specialist skills such as ecologists, to ensure that the right outcomes for nature can be secured.  Without a new approach, our nature, housing and clean power ambitions will all suffer. It’s time to put things right so we can press ahead with building much-needed green energy infrastructure and homes while protecting and restoring  nature and involving communities.”

Becky Pullinger, Head of Land Use Planning at The Wildlife Trusts, says: “The facts are simple: we need to be big, bold and ‘Build Wild’ if we are to ensure that nature recovers and shorten the road to net zero whilst also boosting people’s health. But the new figures published today show that many Local Authorities have too few resources and many are very behind in plans to support nature’s recovery. This has major implications for the UK Government’s ability to achieve its commitment to new homes, green energy, and crucial nature recovery and climate resilience targets by 2030.

“We need to see new legislation to unlock efforts to address the nature, climate and housing crises together and commit to new powers for Local Authorities to create ‘wildbelts’ and designate new sites for nature in the heart of communities. The most effective way to achieve all this is to create a clear national map of how best to use land in England.”    

Paul De Zylva, senior analyst at Friends of the Earth, said: “It’s unacceptable that at a time when nature is in trouble in every part of England, so few local councils have credible plans for restoring nature in their area. The government is already off track with its own legal nature targets, and councils failing to deliver locally will only make that worse. 

“But there’s no way local authorities can do this when they’re so under-resourced by central government – just 5% of councils say they have the expertise needed to deliver on our ecological targets. That’s why the government must properly fund efforts to protect and restore nature at the local level, and empower councils to deliver on this crucial work.”

Chief Executive of the Woodland Trust, Dr Darren Moorcroft said: “Local councils have a huge role to play in nature recovery by delivering nature-friendly policies, practices and land management. We know that many are doing great things, and the Woodland Trust is a partner in many projects, from woodland creation initiatives to tree strategies. But it’s clear that they are under-resourced, making it tricky to fulfil even their statutory requirements. This leaves trees and woods, and nature as a whole, vulnerable to neglect and bad decision-making. “

“Recent ministerial comments are concerning. Building new homes is important, but it must not come at the cost of destroying the natural spaces that make life worth living. Investing in our environment supports economic growth, promotes physical and mental well-being, and reduces the risks of climate change. What we need is not just new policies, but a Government committed to helping local authorities protect nature while delivering these essential goals. The new Planning and Infrastructure Bill gives us a fresh opportunity to grow nature at the heart of our planning system to protect and support the woods and trees that are vital to nature and the quality of people’s lives.”

Dr Rose O’Neill, Chief Executive, Campaign for National Parks said: “When Labour created National Parks 75 years ago, it was founded on a planning system that protected them. These beautiful landscapes are an important testament to the past successes of the planning system.

“Today’s Government has a unique opportunity to renew the cause of National Parks and ensure that this 75 year legacy can thrive into the future. While meeting demands on infrastructure and housing it’s vital the government retain and strengthen protections for National Parks, including areas adjacent to National Parks. The Planning and Infrastructure Bill offers significant opportunity to deliver the Government’s climate and nature missions and commitments to help National Parks become greener and wilder.”

Today’s new findings come in the wake of comments last week from the Prime Minister, who attacked environmental planning regulations and regulators, describing them as ‘blockers to growth’ in his Plan for Change. The statement was met with fierce challenge from environmental groups, who called on the PM to support regulators, improve existing environmental regulations and to work with the sector on planning reform to ensure that it delivers both economic growth and much-needed environmental recovery.  

In November global representatives came together at COP16 in Columbia for the first time since agreeing landmark targets in 2022 to effectively protect 30% of land and sea for nature by 2030, known as ‘30by30’.  However, the UK is still lagging behind on these crucial targets with just 2.92% of land in England effectively protected for nature. With the Environment Act target to halt the decline in species abundance by 2030 also looming by the end of this parliament. Environmental groups are calling on the new Government to use the upcoming Planning and Infrastructure Bill to ‘plan ahead’ and deliver planning change at a national level alongside empowering councils to create ‘more space for nature’. 

To help nature thrive, natural habitats need to be bigger, better and more joined up. We need new rules to make this happen, and more resources for environmental and planning expertise, to help overstretched planning authorities to deliver. So in their new Wilder By Design campaign environment groups are calling on the Prime Minister and Secretary of State to include key measures to protect nature in the upcoming Planning and Infrastructure Bill (expected to be laid before Parliament in early 2025):  

 A ‘greenprint’ for nature’s recovery: Commitments in law are needed to boost nature by: 

• Following repeated recommendations to improve the protected site network by creating more, and improving existing, protected nature sites (with stronger powers and resources for nature for National Park and National Landscape Authorities).
• Requiring Local Authorities to align their local plans with Local Nature Recovery Strategies, including detailing new ‘Wildbelt’ sites in their areas. 
• Banning the most damaging fishing and industrial activities in all Marine Protected Areas.

Wilder neighbourhoods: Too often nature is an afterthought in new homes and infrastructure development, so new planning laws should ensure that:

• Nature-friendly features like swift bricks, bat boxes, hedgehog corridors, native plants and sustainable drainage are required in all appropriate new buildings and projects
• Rules are enforced to ensure developments don’t harm irreplaceable wildlife and plans are in place on how projects will increase biodiversity before they start

Planning ahead to protect nature: A new National Spatial Plan would help Government to strategically plan ahead to protect the most important wild places and find the most appropriate development sites for communities and nature. 

Notes
[1] The following information was requested from Local authorities in England via an FOI. Out of 317 Local Authorities, 294 (93%) submitted responses. 12 (4%) authorities did not acknowledge or respond, while the remaining 11 (3%) acknowledged the request but did not submit responses at the time of writing. The full data sheet is available from Wildlife and Countryside Link.

• A record of first considerations of what action to take for biodiversity, which was due to be completed by 1 January 2024.
• Any policies and objectives for biodiversity which were agreed as soon as possible after this

[2] Under the Biodiversity Duty of the Environment Act, each Local Authority:

• Must complete first consideration of what action to take for biodiversity by 1 January 2024 and must agree policies and objectives as soon as possible after this.
• Report how it is helping to improve the environment and show the positive change being made no later than 1 January 2026. After this, the end date of each reporting period must be within 5 years of the end date of the previous reporting period.
• More info here 
  

[3]   There is no reporting duty for these ‘first considerations’. Some councils have written a ‘First Consideration report’, some have done this consideration at a council meeting, some have said that their existing Biodiversity Action Plan or equivalent is enough to count as their first consideration. Others have been unable to confirm that this took place at all or have admitted that it has not been done yet.