The Environmental Delivery Plans (Appropriate Prioritisation) Regulations 2026

Published: Thu 18th Jun 26 Came into force: Thu 9th Jul 26

Department: Ministry of Housing, Communities and Local Government
Made under: Planning and Infrastructure Act 2025

Mandated a hierarchy for Natural England to prioritize avoiding environmental damage over mitigation or compensation in development plans as of July 2026.

These Regulations establish a hierarchy of conservation measures that Natural England must follow when drafting or amending Environmental Delivery Plans (EDPs) under the Planning and Infrastructure Act 2025.

The agency is directed to prioritize avoidance of environmental damage over mitigation, and mitigation over compensation, provided such prioritisation is deemed appropriate and delivers value for money.

These rules apply specifically to Natural England's administrative processes in England and require the agency to explicitly categorize all proposed conservation measures within their plans.

Arguments For

The document establishes a hierarchy of conservation actions, prioritizing the prevention of environmental damage (avoidance) over attempts to reduce damage (mitigation) or offset it elsewhere (compensation).
Proponents may argue this hierarchy ensures that the most effective methods of protecting environmental features are considered before less certain methods like compensation.
The regulations require Natural England to consider value for money, which the document suggests ensures that the prioritisation remains economically appropriate while pursuing environmental goals.
The document states that defining these measures clearly in draft plans provides transparency regarding how development impacts are being addressed.

Arguments Against

Legal scholars might question the ambiguity of the phrase "where they consider it is appropriate to do so," which grants Natural England broad discretion to deviate from the hierarchy.
Environmental organizations could argue that the requirement to have regard for "value for money" might lead to the selection of cheaper compensation schemes over more effective but costly avoidance measures.
Affected developers or local authorities may find the lack of a full impact assessment problematic, as the document asserts no significant impact is foreseen without providing detailed economic data.

Citation, commencement, extent and application

-(1) These Regulations may be cited as the Environmental Delivery Plans (Appropriate Prioritisation) Regulations 2026.

(2) These Regulations come into force on 9th July 2026.
(3) These Regulations extend to England and Wales.
(4) These Regulations apply in relation to England only.

This section establishes the official name of the regulations and sets the commencement date for 9 July 2026.

While the legal extent includes both England and Wales, the practical application of these rules is limited to England.

Interpretation

In these Regulations-

'the Act' means the Planning and Infrastructure Act 2025,

'avoidance measures' are conservation measures( 2 ) which are intended to avoid the negative effect of the EDP development on the conservation status of an identified environmental feature( 3 ),

'compensation measures' are conservation measures which are intended to compensate for the negative effect of the EDP development on the conservation status of an identified environmental feature,

( 1 ) 2025 c. 34.

( 2 ) 'Conservation measures' is defined in section 61(3) of the Planning and Infrastructure Act 2025 (c. 34).

( 3 ) 'Environmental feature' has the meaning given in section 61 of the Planning and Infrastructure Act 2025 (c. 34).

'EDP development' means the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5) of the Act,

'mitigation measures' are conservation measures which are intended to mitigate the negative effect of the EDP development on the conservation status of an identified environmental feature, and

'negative effect of the EDP development' has the same meaning as section 65(5) of the Act.

This section defines the three types of environmental interventions used in the regulations.

Avoidance measures seek to prevent harm entirely, mitigation measures seek to reduce the severity of harm, and compensation measures provide a substitute for environmental loss.

These definitions are linked to the overarching framework and terminology established by the Planning and Infrastructure Act 2025.

Appropriate prioritisation

-(1) When preparing a draft EDP Natural England must prioritise-

(a) avoidance measures over mitigation measures and compensation measures, and
(b) mitigation measures over compensation measures,

where they consider it is appropriate to do so.

(2) When considering making a request to the Secretary of State to amend an EDP, Natural England must prioritise-

(a) avoidance measures over mitigation measures and compensation measures, and
(b) mitigation measures over compensation measures,

where they consider it is appropriate to do so.

(3) When considering whether it is appropriate to prioritise conservation measures Natural England should have regard to the extent to which they deliver value for money.

(4) Natural England must set out in a draft EDP or an EDP as proposed to be amended which conservation measures proposed will, in whole or in part, be-

(a) avoidance measures,
(b) mitigation measures, or
(c) compensation measures.

(5) Nothing in this regulation affects the order in which Natural England implements the conservation measures set out in an EDP after it has been made or amended by the Secretary of State.

Natural England must apply a specific order of preference when designing environmental plans, favoring the prevention of damage over-reduction or offsetting.

The agency is required to weigh this hierarchy against 'value for money' considerations when determining if such prioritisation is appropriate.

Each plan must clearly label every environmental measure by its category, though the legal hierarchy applies to the planning stage rather than the subsequent implementation of the measures.

Explanatory Memorandum PDF View Source

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