Schedule 4 Compulsory acquisition of land under Part 3: supplementary provisions
Section 89(8)
Application of Acquisition of Land Act 1981
1 (1) The Acquisition of Land Act 1981 (“ALA 1981”) applies to the compulsory acquisition of land under section 89, with the following modification.
(2) Section 17(2) of ALA 1981 (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.
2 (1) Schedule 3 to ALA 1981 applies to the acquisition of new rights under section 89, with the following modification.
(2) Paragraph 4(2) of that Schedule (orders to be subject to special parliamentary procedure in certain cases involving local authority or statutory undertakers’ land) does not apply to the acquisition of an interest in land by Natural England acting under section 89.
Extinguishment of private rights of way etc
3 (1) Sub-paragraph (2) applies where Natural England completes the compulsory acquisition of land under section 89.
(2) On completion of the acquisition—
(a) all private rights of way on, under or over the land are extinguished,
(b) all rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land are extinguished, and
(c) any such apparatus vests in Natural England.
(3) Sub-paragraph (2) is subject to paragraphs 4 to 7.
4 Natural England may give a direction before the completion of the acquisition that paragraph 3(2) is not to apply to any right or apparatus specified in the direction.
5 Paragraph 3(2) is subject to any agreement which may be made (whether before or after the completion of the acquisition) between—
(a) Natural England, and
(b) the person—
(i) in whom the right or apparatus concerned is vested, or
(ii) to whom it belongs.
6 (1) Paragraph 3(2) does not apply to—
(a) any right vested in statutory undertakers for the purpose of carrying on their undertaking,
(b) any apparatus belonging to statutory undertakers for that purpose,
(c) any right conferred by, or in accordance with, the electronic communications code on the operator of an electronic communications code network, or
(d) any electronic communications apparatus kept installed for the purposes of any such network.
(2) In sub-paragraph (1) “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the Town and Country Planning Act 1990; and “undertaking” is to be read in accordance with section 262 of that Act (meaning of “statutory undertakers”).
7 (1) Any person who suffers loss by the extinguishment of a right, or the vesting of any apparatus, under paragraph 3 is entitled to compensation from Natural England.
(2) Any compensation payable under this paragraph is to be determined in accordance with the Land Compensation Act 1961.
New rights: application of Compulsory Purchase Act 1965
8 (1) The Compulsory Purchase Act 1965 (“CPA 1965”) applies to the compulsory acquisition of new rights under section 89 as it applies to the compulsory purchase of land.
(2) In its application to the compulsory acquisition of such new rights, that Act is to have effect subject to—
(a) the modifications specified in paragraphs 9 to 14, and
(b) such other modifications as are necessary.
(3) One result of sub-paragraph (2)(b) is that, in appropriate contexts, references in that Act to land are to be read as referring, or as including references, to—
(a) the rights acquired or to be acquired, or
(b) land over which the rights are, or are to be, exercisable,
according to the requirements of the particular context.
9 Section 7 of CPA 1965 is to have effect as if for the words of that section there were substituted—
Measure of compensation in case of acquisition of new right
7 (1) In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is acquired is depreciated by the acquisition but also to the damage (if any) to be sustained by the owner of the land by reason of injurious affection of other land of the owner by the exercise of the right.
(2) The modifications subject to which subsection (1) of section 44 of the Land Compensation Act 1973 (compensation for injurious affection) is to have effect, as applied by subsection (2) of that section to compensation for injurious affection under this section, are that—
(a) for “land is acquired or taken” there is substituted “a right over land is acquired”; and
(b) for “acquired or taken from him” there is substituted “over which the right is exercisable”.
10 (1) Section 8(1) of CPA 1965 is to have effect as if references to acquiring land were to acquiring a right in the land.
(2) Schedule 2A to CPA 1965 is to be read as if, for the words of that Schedule, there were substituted—
Schedule 2A
Counter-notice requiring purchase of land
Introduction
1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory.
(2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface).
2 In this Schedule “house” includes any park or garden belonging to a house.
Counter-notice requiring purchase of land
3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner’s interest in the house, building or factory.
4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served.
Response to counter-notice
5 On receiving a counter-notice the acquiring authority must decide whether to—
(a) withdraw the notice to treat,
(b) accept the counter-notice, or
(c) refer the counter-notice to the Upper Tribunal.
6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”).
7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period.
8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period.
9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in the house, building or factory.
Determination by Upper Tribunal
10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would—
(a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or
(b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs.
11 In making its determination, the Upper Tribunal must take into account—
(a) the effect of the acquisition of the right,
(b) the proposed use of the right, and
(c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land.
12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take.
13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner’s interest in that land.
14 (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land.
(2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice.
(3) Any dispute as to the compensation is to be determined by the Upper Tribunal.
11 (1) The provisions of CPA 1965 mentioned in sub-paragraph (2) (which state the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land) are to be read as if they were modified in accordance with sub-paragraph (3).
(2) The provisions are—
(a) section 9(4) (failure of owners to convey),
(b) paragraph 10(3) of Schedule 1 (owners under incapacity),
(c) paragraph 2(3) of Schedule 2 (absent and untraced owners), and
(d) paragraphs 2(3) and 7(2) of Schedule 4 (common land).
(3) The provisions are to be read as if they were modified so as to secure that, as against persons with interests in the land which are expressed to be overridden by the deed, the right which is to be acquired compulsorily is vested absolutely in the acquiring authority.
12 Section 11 of CPA 1965 (powers of entry) is to be read as if it were modified so as to secure that, where the acquiring authority have served notice to treat in respect of any right as well as the notice required by subsection (1) of that section (as it applies to a compulsory acquisition under section 89), they have power, exercisable in the same circumstances and subject to the same conditions, to enter for the purpose of exercising that right; and sections 11A (powers of entry: further notices of entry), 11B (counter-notice requiring possession to be taken on specified date), 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer’s or sheriff’s warrant in the event of obstruction) of that Act are modified accordingly.
13 Section 20 of CPA 65 (compensation for short-term tenants) is to be read as if it were modified so as to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory purchase of the interests but taking into account only the extent (if any) of such interference with such interests as is actually caused, or likely to be caused, by the exercise of the right concerned.
14 Section 22 of CPA 65 (protection of acquiring authority’s possession of land where by inadvertence an interest in the land has not been purchased) is to be read as if it were modified so as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue to be entitled to exercise the right concerned, subject to compliance with that section as respects compensation.
New rights: application of the Compulsory Purchase (Vesting Declarations) Act 1981
15 The Compulsory Purchase (Vesting Declarations) Act 1981 (“CP(VD)A 1981”) applies to the compulsory acquisition of new rights under section 89—
(a) with the modifications specified in paragraph 16, and
(b) with such other modifications as may be necessary.
16 (1) The modifications of CP(VD)A 1981 referred to in paragraph 15(a) are as follows.
(2) References to CPA 1965 are, in appropriate contexts, to be read (according to the requirements of the particular context) as referring to, or as including references to—
(a) the right acquired or to be acquired, or
(b) the land over which the right is, or is to be, exercisable.
(3) References to CPA 1965 are to be read as references to that Act as it applies to the compulsory acquisition of a right under section 89.
(4) Section 8(1) (vesting, and right to enter and take possession) is to be read as securing that—
(a) a general vesting declaration in respect of any right vests the right in the acquiring authority on the vesting date, and
(b) as from the vesting date, the acquiring authority has power, exercisable in the same circumstances and subject to the same conditions, to enter land for the purpose of exercising that right as if the circumstances mentioned in paragraph (a) and (b) of section 8(1) had arisen.
(5) Section 9(2) (right of entry under section 8(1) not exercisable in respect of land subject to certain tenancies unless notice has been served on occupiers of the land) is to be read as requiring a notice served by the appropriate authority under that provision to refer to the authority’s intention to enter land specified in the notice in order to exercise the right.
(6) In section 10(1) (acquiring authority’s liability on vesting of the land), the reference to the acquiring authority’s taking possession of the land under section 11 of CPA 1965 is to be read as a reference to the authority’s exercising the power to enter the land under that provision as modified by paragraph 12 of this Schedule.
(7) Schedule A1 (counter-notice requiring purchase of land not in general vesting declaration) is to be read as if—
(a) in paragraph 1(1), for “part only of” there were substituted “only the acquisition of a right over”;
(b) paragraph 1(2) were omitted;
(c) references to the land proposed to be acquired were (subject to paragraph (e) below) to the right proposed to be acquired;
(d) references to the additional land were to the house, building or factory over which the right is proposed to be exercisable;
(e) in paragraphs 14 and 15, references to the severance of land proposed to be acquired were to the acquisition of the right; and
(f) in paragraph 15, after “in addition to” there were inserted “or in substitution for”.
New rights: compensation
17 (1) The enactments relating to compensation for the compulsory purchase of land apply—
(a) with the modification specified in paragraph 18, and
(b) with such other modifications as are necessary,
in relation to the acquisition of new rights under section 89 as they apply to compensation for the compulsory purchase of land.
(2) Sub-paragraph (1) is without prejudice to the generality of paragraph 8.
18 Section 5A (relevant valuation date) of the Land Compensation Act 1961 is to be read as if for subsections (5A) and (5B) there were substituted—
(5A) If—
(a) the acquiring authority enters on land for the purpose of exercising a right in pursuance of a notice of entry under section 11(1) of the Compulsory Purchase Act 1965 (as modified by paragraph 12 of Schedule 4 to the Planning and Infrastructure Act 2025),
(b) the acquiring authority is subsequently required by a determination under paragraph 13 of Schedule 2A to the 1965 Act (as substituted by paragraph 10 of Schedule 4 to the Planning and Infrastructure Act 2025) to acquire an interest in the land, and
(c) the acquiring authority enters on and takes possession of that land,
the authority is deemed for the purposes of subsection (3)(a) to have entered on that land when it entered on that land for the purpose of exercising that right.
(5B) If—
(a) a right over land is the subject of a general vesting declaration,
(b) by virtue of paragraph 11(2) or 16(2) of Schedule A1 to the Compulsory Purchase (Vesting Declarations) Act 1981, the declaration has effect as if it included an interest in the land, and
(c) the vesting date for the right is different from the vesting date for the interest in the land,
the first of the vesting dates is deemed for the purposes of subsection (4)(a) to be the vesting date for the whole of the land.
Propose a changeSchedule 5 Amendments relating to Part 3
Section 96
Part 1 Ramsar sites: amendments to the Habitats Regulations 2017
1 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
2 In regulation 3 (interpretation), in paragraph (1)—
(a) after the definition of “marine area” insert—
“the national Ramsar site series” means all the wetlands in the United Kingdom that have been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
;
(b) after the definition of “priority species” insert—
“Ramsar Convention” means the Convention on Wetlands of International Importance especially as Waterfowl Habitat signed at Ramsar on 2 February 1971, as amended by—
the Protocol known as the Paris Protocol done at Paris on 3 December 1982, and
the amendments known as the Regina Amendments adopted at the Extraordinary Conference of the Contracting Parties held at Regina, Saskatchewan, Canada, between 28 May and 3 June 1987;
but if that Convention is further amended after the passing of the Planning and Infrastructure Act 2025, the references to the Ramsar Convention in these Regulations are to be taken after the entry into force of the further amendments as referring to that Convention as further amended (and the reference to paragraph 1 of article 2 is, if necessary, to be taken as referring to the appropriate successor provision);
“Ramsar site” means a site that has been designated under paragraph 1 of article 2 of the Ramsar Convention for inclusion in the list of wetlands of international importance referred to in that article;
.
3 In regulation 24 (assessment of implications for European sites)—
(a) after paragraph (2) insert—
(2A) Where it appears to Natural England that a notice of a proposal under section 28E(1)(a) of the WCA 1981 relates to an operation which is or forms part of a plan or project situated wholly in England which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of that site,
it must make an appropriate assessment of the implications for that site in view of that site’s conservation objectives.
(2B) In the light of the conclusions of the assessment, Natural England may give consent for the operation only after having ascertained that the plan or project will not adversely affect the integrity of the site.
;
(b) in the heading, at the end insert “and certain Ramsar sites”.
4 In regulation 25 (sites of special scientific interest which become European sites: duty to review)—
(a) in paragraph (1)—
(i) after “where” insert
—
(a)
;
(ii) at the end insert
, or
(b) a consent for an operation situated wholly in England has been given under section 28E(3)(a) of the WCA 1981 (or has effect as if given under that section) in relation to land included in a site of special scientific interest which, after the date of that consent, becomes land within a Ramsar site.
;
(b) in paragraph (3)—
(i) in sub-paragraph (a), after “24(1)” insert “or (2A)”;
(ii) in sub-paragraph (b), after “24(2)” insert “or (2B)”;
(c) in the heading, after “European sites” insert “or Ramsar sites”.
5 In the italic heading before regulation 63, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
6 In regulation 63 (assessment of implications for European sites and European offshore marine sites)—
(a) after paragraph (1) insert—
(1A) A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project situated wholly in England which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of that site,
must make an appropriate assessment of the implications of the plan or project for that site in view of that site’s conservation objectives.
;
(b) in paragraph (5), after “European site” insert “, the Ramsar site”;
(c) in paragraph (9), for “paragraph (1)” substitute “paragraphs (1) and (1A)”;
(d) in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
7 In regulation 64 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”.
8 In regulation 65 (review of existing decisions and consents) in paragraph (1)—
(a) after “European site” insert “, a Ramsar site”;
(b) after “63(1)” insert “or (1A)”.
9 In regulation 67 (co-ordination where more than one competent authority involved)—
(a) in paragraph (2), after “(1)” insert “or (1A)”;
(b) in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
(c) in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
10 In regulation 68—
(a) the existing text becomes paragraph (1);
(b) at the end insert—
(2) Where in accordance with regulation 64—
(a) a plan or project in England is agreed to, notwithstanding a negative assessment of the implications for a Ramsar site, or
(b) a decision, or a consent, permission or other authorisation, is affirmed on review, notwithstanding such an assessment,
the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.
11 In regulation 70 (grant of planning permission)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (3), after “European site” insert “, a Ramsar site”.
12 In regulation 72 (planning permission: consideration on review), in paragraph (3), after “European site” insert “, a Ramsar site”.
13 In regulation 73 (planning permission: effect of orders made on review), in paragraph (6), after “European site” insert “, a Ramsar site”.
14 (1) In regulation 75 (general development orders)—
(a) the existing text becomes paragraph (1);
(b) at the end insert—
(2) It is a condition of any planning permission granted by a general development order made by the Secretary of State on or after the day on which this paragraph comes into force that development which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
must not be begun until the developer has received written notification of the approval of the local planning authority under regulation 77 (approval of local planning authority).
(2) In regulation 75(2) (as inserted by sub-paragraph (1)), after “force” insert “or a street vote development order”.
15 In regulation 76 (general development orders: opinion of appropriate nature conservation body), in paragraph (7), for “75(a)” substitute “75(1)(a) or (2)(a)”.
16 In regulation 77 (general development orders: approval of local planning authority), in paragraph (6), after “European site” insert “, the Ramsar site”.
17 In regulation 79 (special development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
18 In regulation 80 (local development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
19 In regulation 81 (neighbourhood development orders), in paragraph (4)(b), after “European site” insert “, a Ramsar site”.
20 In regulation 82 (simplified planning zones)—
(a) after paragraph (2) insert—
(2A) Where a simplified planning zone scheme for an area in England is adopted or approved, that scheme is not to be taken to grant planning permission for development which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
unless adopted or approved in accordance with the assessment provisions.
;
(b) in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
21 In regulation 83 (enterprise zones)—
(a) after paragraph (2) insert—
(2A) Where an order designating an enterprise zone is made for an area wholly in England, or where a modified enterprise zone scheme is approved for such an area, that order or scheme is not to be taken to grant planning permission for development which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
unless made or approved in accordance with the assessment provisions.
;
(b) after paragraph (4) insert—
(4A) Paragraph (2A) does not apply to an order made or a scheme approved before the day on which this paragraph comes into force.
;
(c) in paragraph (5)(b), after “European site” insert “, a Ramsar site”.
22 In regulation 84 (grant of development consent), in paragraph (2), after “European site” insert “, a Ramsar site”.
23 In regulation 85 (development consent: review), in paragraph (1)(a), after “European site” insert “, a Ramsar site”.
24 In regulation 85A (assumptions to be made about nutrient pollution standards: general), in paragraph (6)(a), after “63(1)” insert “or (1A)”.
25 In regulation 87 (construction or improvement of highways or roads), in paragraph (2)(b), after “European site” insert “, a Ramsar site”.
26 In regulation 88 (cycle tracks and other ancillary works), at end insert—
(4) Section 3(10) of that Act is not to be taken to deem planning permission to be granted for development wholly in England which—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
whether or not the development authorised by the permission has been begun, unless the competent authority has agreed to the plan or project in accordance with the assessment provisions.
27 In regulation 89 (consents under Electricity Act 1989: application of assessment and review provisions)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (6), after “European site” insert “, a Ramsar site”;
(c) in paragraph (8), after “European site” insert “, a Ramsar site”.
28 In regulation 93 (authorisations under Pipe-lines Act 1962: application of assessment and review provisions)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (3)(a)(ii), after “European site” insert “, a Ramsar site”;
(c) in paragraph (4), after “European site” insert “, a Ramsar site”.
29 In regulation 97 (orders under Transport and Works Act 1992: application of assessment and review provisions)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (3), after “European site” insert “, a Ramsar site”;
(c) in paragraph (4), after “European site” insert “, a Ramsar site”.
30 In regulation 101 (environmental permits)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (4), after “European site” insert “, a Ramsar site”.
31 In regulation 102 (abstraction and works authorised under water legislation)—
(a) in paragraph (3), after “European site” insert “, a Ramsar site”;
(b) in paragraph (6), after “European site” insert “, a Ramsar site”.
32 In regulation 103 (marine works)—
(a) in paragraph (2), after “European site” insert “, a Ramsar site”;
(b) in paragraph (4), after “European site” insert “, a Ramsar site”.
33 In regulation 104 (derogations in relation to nitrate pollution prevention legislation), in paragraph (2), after “European site” insert “, a Ramsar site”.
34 In regulation 105 (assessment of implications for European sites and European offshore marine sites)—
(a) after paragraph (1) insert—
(1A) Where a land use plan relating to an area wholly in England—
(a) is likely to have a significant effect on a Ramsar site (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
the plan-making authority for that plan must, before the plan is given effect, make an appropriate assessment of the implications for the site in view of that site’s conservation objectives.
;
(b) in paragraph (4), after “European site” insert “, the Ramsar site”;
(c) in the heading, for “and European offshore marine sites” substitute “, European offshore marine sites and certain Ramsar sites”.
35 In regulation 106 (assessment of implications for European site: neighbourhood development plans)—
(a) in paragraph (3), after “European site” insert “or Ramsar site”;
(b) in the heading, for “site” substitute “sites and Ramsar sites”.
36 In regulation 107 (considerations of overriding public interest), in paragraph (1), after “European site” insert “, the Ramsar site”.
37 In regulation 108 (co-ordination for land use plan prepared by more than one authority)—
(a) in paragraph (2), after “(1)” insert “or (1A)”;
(b) in paragraph (3), after “105(1)” insert “or (1A)”;
(c) in paragraph (3)(a), after “European site” insert “, a Ramsar site”;
(d) in paragraph (3)(b), after “European site” insert “, a Ramsar site”.
38 In regulation 109 (compensatory measures)—
(a) the existing text becomes paragraph (1);
(b) at the end insert—
(2) Where in accordance with regulation 107 a land use plan is given effect notwithstanding a negative assessment of the implications for a Ramsar site, the appropriate authority must secure that any necessary compensatory measures are taken to ensure that the overall coherence of the national Ramsar site series is protected.
39 In regulation 110A (assessments under this Chapter: required assumptions)—
(a) in paragraph (5)(a), after “105(1)” insert “or (1A)”;
(b) in paragraph (5)(b), after “105(1)” insert “or (1A)”.
Part 2 Minor and consequential amendments related to Part 3
Wildlife and Countryside Act 1981
40 (1) Section 16 of the Wildlife and Countryside Act 1981 (power to grant licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)).
(2) After subsection (6) insert—
(6A) The maximum period for the validity of a licence set out in subsection (6)(b) does not apply to—
(a) a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or
(b) a licence that, by virtue of paragraph 5 of Schedule 3 to that Act, is treated as having been granted to a developer under subsection (3).
(3) After subsection (8) insert—
(8ZA) In this section, in the case of a licence granted to Natural England under subsection (3) to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, “the appropriate authority” means the Secretary of State.
(4) In subsection (8A), at the end insert “, but this is subject to subsection (8ZA).”
(5) In subsection (9), in the words before paragraph (a), after “subsections” insert “(8ZA),”.
Town and Country Planning Act 1990
41 The Town and Country Planning Act 1990 is amended as follows.
42 In section 74A (deemed discharge of planning conditions), in subsection (2A)—
(a) after “to” insert
—
(a)
;
(b) at the end insert
, or
(b) a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 61(10) and 95 of that Act).
43 In section 100ZA (restrictions on power to impose planning conditions in England), in subsection (6), after “apply” insert
—
(a) in relation to a condition that Natural England has requested under Part 3 of the Planning and Infrastructure Act 2025 (see sections 61(10) and 95 of that Act), or
(b)
.
Protection of Badgers Act 1992
44 (1) Section 10 of the Protection of Badgers Act 1992 (licences) is amended as follows (see also section 117(2) (extent of this paragraph is England and Wales only)).
(2) In subsection (1)—
(a) in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”;
(b) after paragraph (f) insert—
(fa) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.
(3) After subsection (1) insert—
(1A) In the case of a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, the reference in subsection (1) to the appropriate conservation body is to be read as a reference to the Secretary of State.
(4) In subsection (2)—
(a) in paragraph (d), for “to interfere with a badger sett” substitute “to kill or take badgers in England, or to interfere with a badger sett,”;
(b) at the end insert—
(e) in England, for the purpose of preserving public health or safety or for reasons of overriding public interest, to kill or take badgers, or to interfere with a badger sett, within an area specified in the licence by any means so specified.
(5) After subsection (2) insert—
(2A) In the case of a licence that, by virtue of paragraph 6 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under subsection (2)(d) or (e), the reference in subsection (2) to the appropriate Minister is to be read as a reference to Natural England.
(6) In subsection (6), for “or (d)” substitute “, (d) or (e)”.
(7) After subsection (8) insert—
(8A) A licence granted under this section in relation to an area in England—
(a) may be, to any degree, general or specific;
(b) may be granted either to persons of a class or to a particular person;
(c) may be modified at any time by the authority by whom it was granted;
(d) is to be valid for the period specified in the licence.
(8B) A fee may be charged for granting a licence in relation to an area in England under this section.
(8) After subsection (9) insert—
(9A) Natural England or the Secretary of State must not grant a licence under this section in relation to an area in England unless satisfied—
(a) that there is no other satisfactory solution, and
(b) that the grant of the licence is not detrimental to the survival of any population of badgers.
Marine and Coastal Access Act 2009
45 (1) The Marine and Coastal Access Act 2009 is amended as follows.
(2) In section 125 (general duties of public authorities in relation to MCZs), after subsection (12) insert—
(12A) This section does not apply to the exercise by a public authority of functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).
(3) In section 141 (exceptions to offences under section 139 or 140), in subsection (1), after paragraph (a) insert—
(aa) was done by a public authority exercising functions under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery);
.
Environmental Assessment of Plans and Programmes Regulations 2004
46 In the Environmental Assessment of Plans and Programmes Regulations 2004 (S.I. 2004/1633), in regulation 5 (environmental assessment for plans and programmes: first formal preparatory act on or after 21 July 2004), in paragraph (5) (plans in relation to which assessments are not required under the regulations), after paragraph (a) insert—
(aa) an environmental delivery plan, within the meaning of Part 3 of the Planning and Infrastructure Act 2025;
.
Conservation of Habitats and Species Regulations 2017
47 The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012) are amended as follows.
48 In regulation 9 (duties relating to compliance with the Directives)—
(a) after paragraph (2) insert—
(2A) Paragraph (1) does not apply to functions exercisable under or by virtue of Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).
;
(b) after paragraph (3) insert—
(3A) Paragraph (3) does not apply to functions exercised by a competent authority in connection with an environmental delivery plan within the meaning of Part 3 of the Planning and Infrastructure Act 2025.
49 In regulation 55 (licences for certain activities relating to animals or plants), after paragraph (10) insert—
(10A) The maximum time period for a licence set out in paragraph (10) does not apply to—
(a) a licence granted to Natural England to facilitate the carrying out of any conservation measures within the meaning of Part 3 of the Planning and Infrastructure Act 2025, or
(b) a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55.
50 In regulation 58 (relevant licensing body)—
(a) in paragraph (2), at the beginning insert “Subject to paragraph (2A),”;
(b) after paragraph (2) insert—
(2A) In the case of a licence granted to Natural England under regulation 55(1) for a purpose specified in any of paragraph (2)(a) to (d) of that regulation, to facilitate the carrying out of any conservation measures, “relevant licensing body” means the Secretary of State.
;
(c) in paragraph (3), at the beginning insert “Subject to paragraph (4A),”;
(d) after paragraph (4) insert—
(4A) In the case of a licence that, by virtue of paragraph 4 of Schedule 3 to the Planning and Infrastructure Act 2025, is treated as having been granted to a developer under regulation 55(1) for any of the purposes specified in regulation 55(2)(e) to (g), “relevant licensing body” means—
(a) so far as the licence relates to the restricted English inshore region, the Marine Management Organisation; and
(b) otherwise, Natural England.
;
(e) in paragraph (6), for “paragraph (2)” substitute “this regulation”;
(f) at the end insert—
(7) In paragraph (2A), “conservation measure” has the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).
51 In regulation 62 (application of the provisions of Chapter 1 of Part 6), after paragraph (1) insert—
(1A) But the requirements of the assessment provisions and the review provisions do not apply in relation to an environmental delivery plan or any conservation measures under it.
(1B) In paragraph (1A), “environmental delivery plan” and “conservation measures” have the same meaning as in Part 3 of the Planning and Infrastructure Act 2025 (development and nature recovery).
52 In regulation 63 (assessment of implications for European sites etc), in paragraph (7), at the end insert—
See also paragraph 1 of Schedule 3 to the Planning and Infrastructure Act 2025 (environmental delivery plans: effect on environmental obligations).
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