Natural England (NE) has written to all Chief Planning Officers at Local Planning Authorities (LPAs) advising that it is withdrawing from the more ‘day to day’ interaction with the planning system, stating in their letter that they are; ‘focusing on high risk and high opportunity casework, with an emphasis on strategic engagement and delivering solutions upfront’. They have published a ‘Action Plan’ in which they say they will be focussing upon nationally significant infrastructure projects, local plans, and large housing schemes that will deliver ‘strategic’ approaches to mitigation (e.g. Nutrient Neutrality, SANGs etc).
NE explain that they appreciate there are delivery challenges across the sector, so they have also felt this ‘squeeze’ in recent years. These challenges, coupled with the need to do more to tackle environmental pressures, including the climate crisis and decline in nature, mean they need to change the way they work.
Rebecca Brookbank of EPR, with whom we work regularly, suspects that NE will gradually withdraw their Discretionary Advice Service for anything other than complex case work, it will be unlikely that it will be possible to obtain NE’s ‘in principle’ approval of things like SANGs and other Habitats Regulations details, as well as giving feedback on species mitigation/licensing (bats, badgers etc), at the pre-application stage. Under the Habitats Regulations there is still a statutory duty for NE to be consulted where Appropriate Assessment has been triggered, but following their re-structure, this will be their ‘standing advice’ on protected species and wider biodiversity matters. Local Planning Authorities will be pointed towards using Natural England’s new ‘Impact Risk Zones’ delivery advice service, which was released to them in July 2024.
NE explain that nearly 47% of the c. 34,000 consultations they receive annually are low risk cases where there is no statutory remit for their involvement. They are welcoming feedback from LPAs on these proposals.
Brett Spiller (Director) Chapman Lily Planning commented; ‘I am pleased to see Natural England are set to focus on Local Plans and strategic development schemes that can add significant value to nature. In theory, this should reduce delay in addressing smaller applications. However, given that HRA issues now permeate developments of all scale, one has to question whether Local Planning Authorities have the resource, expertise and processes in place to effectively deal with these issues. This will be compounded where circumstances / issues are out of the norm. I can certainly foresee frustration, should Natural England decide to withdraw the DAS service. Notwithstanding this, I would however welcome more streamlined arrangements (such as standing advice) for signing off on Appropriate Assessments for smaller applications; a tier of bureaucracy that in my experience rarely adds value but does cause unwarranted delay.’
