Government claims lack support for environmental legislation

Whitehall's recent analysis reveals a significant absence of data to support government claims that environmental legislation hinders building projects. Ministers argue that a new bill aims to expedite housing developments and large infrastructure by permitting developers to bypass environmental responsibilities, including the protection of habitats and species such as barn owls, otters, bats, and newts, by contributing to a central nature recovery fund (NRF) designed for environmental improvements elsewhere. 

Richard Broadbent, Environmental Lawyer at Freeths LLP, expresses concern, stating “It is deeply frustrating that the Government is seeking to make the biggest changes to nature conservation law this country has seen for decades on the basis of no data or research in support of its key arguments." He adds, “As usual, slashing environmental protections is offered up as a solution because it is easier and sounds rhetorically satisfying to do so rather than because there is evidence that it is needed or will work.” Broadbent draws parallels with a 2012 Defra report, which revealed that less than 0.5% of land use consultations were objected to on Habitats Regulations grounds. Furthermore, an information request he made to Natural England in 2022 uncovered that out of 32,056 consultations, only 15 were objected to on similar grounds, which represents a mere 0.045%. He suggests that while reform of the Habitats Regulations is necessary, it should be approached sensibly and informed by evidence, proposing alternatives such as the issuance of new European sites guidance for better proportionality and investing in baseline data to support ecological licensing schemes.