Planning and Infrastructure Act 2025

(12A) (1) This Part requires strategic planning authorities to prepare a document, conforming to section 12D, known as a “spatial development strategy”. (2) In this Part “strategic planning authority” means— (a) a strategic planning board (see section 12B); (b) a combined authority; (c) a combined county authority; (d) an upper-tier county council for an area no part of which forms part of the area of a combined authority or a combined county authority; (e) a unitary authority for an area— (i) that is in England, and (ii) no part of which forms part of the area of a combined authority or a combined county authority. (3) But a principal authority that is a constituent authority of a strategic planning board is not a strategic planning authority for the purposes of this Part. (4) In this Part “strategy area”, in relation to a spatial development strategy, means— (a) in the case of a strategic planning board, the area consisting of the areas of the constituent authorities of the board; (b) in the case of a combined authority, the area of the combined authority; (c) in the case of a combined county authority, the area of the combined county authority; (d) in the case of an upper-tier county council, the area of the upper-tier county council; (e) in the case of a unitary authority, the area of the unitary authority. (5) Any function of a strategic planning authority exercisable by or under this Part by a principal authority is not a function to which either of the following provisions of the Local Government Act 1972 applies— (a) section 101(1)(b); (b) section 101(5). (6) For provision about the spatial development strategy for London, see (in particular) sections 334 to 343 of the Greater London Authority Act 1999. (7) In this Part “principal authority” means a body specified in any of paragraphs (b) to (e) of subsection (2). (12B) (1) This section applies where the Secretary of State considers that it is desirable for a spatial development strategy to relate to an area consisting of the areas of two or more principal authorities. (2) Subject to subsection (4), the Secretary of State may by regulations establish a joint committee of the authorities to exercise functions under this Part in relation to an area consisting of the areas of those authorities (the “constituent authorities”). (3) Such a committee is to be known as a “strategic planning board”. (4) The Secretary of State may make regulations under subsection (2) establishing a strategic planning board only after consulting the following on a draft of the proposed regulations— (a) the principal authorities that are to be the constituent authorities of the board, (b) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and (c) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities. (5) Where the Secretary of State is considering whether to, or has decided to, establish a strategic planning board, the Secretary of State may direct the principal authorities that are to be the constituent authorities of the board not to take any step, or any further step, or not to take a step specified in the direction, in connection with the preparation of their own spatial development strategies. (12C) (1) Strategic planning board regulations that establish a strategic planning board must specify— (a) the constituent authorities of the board, and (b) the area in relation to which the board exercises functions under this Part. (2) Strategic planning board regulations may make provision about— (a) the composition of a strategic planning board (including about the appointment of members to the board or any sub-committee of the board); (b) the proceedings of a strategic planning board and of any sub-committee of the board (including provision about voting rights); (c) such other matters as the Secretary of State considers are necessary or expedient to facilitate the exercise by a strategic planning board of its functions under this Part. (3) Provision of the kind mentioned in subsection (2)(c) may include provision— (a) corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972; (b) applying (with or without modifications) such enactments relating to local authorities as the Secretary of State considers appropriate; (c) requiring the making by a constituent authority of payments towards the costs of the strategic planning board; (d) modifying the application of this Part in relation to a strategic planning board. (4) For the purposes of subsection (3)(b) a local authority is any of the following— (a) a county council; (b) a district council; (c) a London borough council. (5) If strategic planning board regulations establishing a strategic planning board are annulled in pursuance of a resolution of either House of Parliament, the strategic planning board is dissolved with effect from the date of the resolution. (6) The Secretary of State’s power to make strategic planning board regulations that amend or revoke other strategic planning board regulations— (a) is exercisable whether or not the constituent authorities of the strategic planning board in question request an amendment or revocation; (b) is exercisable only after the Secretary of State has consulted the following on a draft of the proposed regulations— (i) the strategic planning board in question, (ii) the constituent authorities of that board, (iii) any local planning authority for an area that is wholly or partly within, or adjoins, the area of any of those authorities, and (iv) the person responsible for preparing a spatial development strategy for an area that adjoins the area of any of those authorities. (7) The condition in section 12B(1) does not apply in relation to strategic planning board regulations that amend or revoke other strategic planning board regulations. (8) In this section “strategic planning board regulations” means regulations under section 12B(2). (12D) (1) A spatial development strategy must include a statement of the strategic planning authority’s policies (however expressed), in relation to the development and use of land in the strategy area, which are of strategic importance to that area. (2) A spatial development strategy must include a reasoned justification for the policies referred to in subsection (1). (3) A spatial development strategy must specify the period for which it is to have effect. (4) A spatial development strategy may specify or describe infrastructure the provision of which the strategic planning authority considers to be of strategic importance to the strategy area for the purposes of— (a) supporting or facilitating development in that area, (b) mitigating, or adapting to, climate change, or (c) promoting or improving the economic, social or environmental well-being of that area. (5) A spatial development strategy may specify or describe— (a) an amount or distribution of housing (of any kind), the provision of which the strategic planning authority considers to be of strategic importance to the strategy area; (b) an amount or distribution of affordable housing or any other kind of housing, the provision of which the strategic planning authority considers to be of strategic importance to the strategy area. (6) For the purposes of subsections (1), (4) and (5), a matter may be of strategic importance to a strategy area even if it affects only part of that area. (7) The Secretary of State may prescribe further matters a spatial development strategy may, or must, deal with. (8) A spatial development strategy must contain such diagrams, illustrations or other descriptive or explanatory matter relating to its contents as may be prescribed. (9) A spatial development strategy may make different provision for different cases or for different parts of the strategy area. (10) A spatial development strategy must be designed to secure that the use and development of land in the strategy area contribute to the mitigation of, and adaptation to, climate change. (11) A spatial development strategy must take account of any local nature recovery strategy, under section 104 of the Environment Act 2021, that relates to any part of the strategy area, including in particular— (a) the areas identified in the strategy as areas which— (i) are, or could become, of particular importance for biodiversity, or (ii) are areas where the recovery or enhancement of biodiversity could make a particular contribution to other environmental benefits, (b) the priorities set out in the strategy for recovering or enhancing biodiversity, and (c) the proposals set out in the strategy as to potential measures relating to those priorities. (12) A spatial development strategy must not— (a) include anything that is not permitted or required by or under the preceding provisions of this section, (b) specify particular sites where development should take place, or (c) be inconsistent with or (in substance) repeat any national development management policy. (13) The Secretary of State may prescribe— (a) the form of a spatial development strategy; (b) documents that must accompany a spatial development strategy. (14) In subsection (5) “affordable housing” means— (a) social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and (b) any other description of housing that may be prescribed. (12E) (1) A strategic planning authority must prepare and maintain a document relating to its spatial development strategy, known as a “spatial development strategy timetable”. (2) A spatial development strategy timetable must specify— (a) the strategy area, and (b) a timetable for the preparation of the strategy that is consistent with this Part and any regulations made under it. (3) The Secretary of State may prescribe— (a) the form and content of a spatial development strategy timetable; (b) further matters the timetable must deal with. (12F) (1) A strategic planning authority must submit its draft spatial development strategy timetable to the Secretary of State within such period as may be prescribed. (2) The Secretary of State may direct the strategic planning authority to make specified amendments to the draft timetable. (3) If the Secretary of State has not given such a direction to the strategic planning authority within the period of four weeks beginning with the date when the timetable was sent to the Secretary of State, the strategic planning authority may bring the timetable into effect. (4) A strategic planning authority to which a direction under subsection (2) is given— (a) must submit a revised draft spatial development strategy timetable to the Secretary of State within the period specified in the direction, and (b) may bring the timetable into effect only when the Secretary of State approves the timetable as revised in accordance with that direction or any further direction under subsection (2). (5) If a strategic planning authority— (a) does not comply with subsection (1), or (b) does not comply with subsection (4)(a), the Secretary of State may prepare a spatial development strategy timetable and direct the strategic planning authority to bring it into effect. (6) A direction under subsection (2) or (5) must contain the Secretary of State’s reasons for giving it. (7) To bring a spatial development strategy timetable into effect, a strategic planning authority must publish it, together with a statement that the timetable has effect. (8) A strategic planning authority must comply with a spatial development strategy timetable that has effect. (9) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must revise a spatial development strategy timetable that has effect. (10) Regulations under subsection (9)— (a) may provide that revisions of a spatial development strategy timetable must be approved by the Secretary of State; (b) may confer a power to direct that a timetable is to be revised or that revisions require the approval of the Secretary of State. (12G) (1) A strategic planning authority must prepare a draft of its spatial development strategy. (2) In doing so, a strategic planning authority must have regard to— (a) any strategy, plan or policy published by the strategic planning authority that the strategic planning authority considers to be relevant, (b) the effect which the proposed spatial development strategy would have on each of the following— (i) the health of persons in the strategy area; (ii) health inequalities between persons living in the strategy area; (iii) the achievement of sustainable development; (c) the need to ensure that the strategy is consistent with current national policies; (d) any other prescribed matters. (3) In subsection (2)(a), the reference to any strategy, plan or policy published by a strategic planning authority includes a reference to any strategy, plan or policy published by a constituent authority of a strategic planning board. (12H) (1) A strategic planning authority that has prepared a draft spatial development strategy must— (a) publish the draft strategy on the authority’s website, (b) notify the persons specified in subsection (2) that the draft strategy has been published on the authority’s website, and (c) make copies of the draft strategy available for inspection at the authority’s principal office and at any other place that the authority considers appropriate. (2) The persons referred to in subsection (1)(b) are— (a) the Secretary of State, (b) any county council for an area that is within, or any part of which is within, the strategy area, (c) any district council for an area that is within the strategy area, (d) any county council or district council for an area that adjoins the strategy area and is affected by the strategy, (e) any local planning authority for an area that is wholly or partly within, or adjoins, the strategy area and is affected by the strategy, (f) the person responsible for preparing a spatial development strategy for an area that adjoins the strategy area and is affected by the strategy, (g) such other persons as may be prescribed, and (h) such other persons as the strategic planning authority considers appropriate. (3) In exercising its discretion under subsection (2)(h) the strategic planning authority must consider notifying (at least) the following about the publication of the draft spatial development strategy— (a) voluntary bodies some or all of whose activities benefit the whole or part of the strategy area, (b) bodies which represent the interests of different racial, ethnic or national groups in the strategy area, (c) bodies which represent the interests of different religious groups in the strategy area, and (d) bodies which represent the interests of different persons carrying on business in the strategy area. (4) Where a strategic planning authority— (a) publishes a draft spatial development strategy as required by subsection (1)(a), or (b) makes such a strategy available for inspection as required by subsection (1)(c), the authority must also publish or make available a statement inviting representations to be made to the authority about the strategy. (5) A notification of a person under subsection (1)(b) about a draft spatial development strategy must include an invitation to the person to make representations to the strategic planning authority about the strategy. (6) An invitation to a person under subsection (4) or (5) must explain the effect of regulations under subsection (7). (7) Representations must be made— (a) in the prescribed form and manner; (b) within the prescribed period. (8) In subsection (1)— (a) references to a strategic planning authority’s website include references to the website of a constituent authority of a strategic planning board; (b) the reference to a strategic planning authority’s principal office includes a reference to the principal office of a constituent authority of a strategic planning board. (12I) (1) A strategic planning authority that has prepared a draft spatial development strategy must, unless the Secretary of State otherwise directs, make arrangements for an examination of the draft strategy to be held in public. (2) Such an examination is to be conducted by a person appointed by the Secretary of State (the “examiner”). (3) The matters examined at an examination are to be such matters affecting the consideration of the spatial development strategy as the examiner considers appropriate. (4) The following may take part in an examination— (a) the strategic planning authority that prepared the strategy, and (b) any person invited to do so by the examiner. (5) No person is to have a right to be heard at an examination. (6) On conclusion of the examination, the examiner must make a report to the strategic planning authority that prepared the strategy. (7) The report may recommend that specified modifications are made to the draft strategy before it is adopted. (8) The report may recommend that the draft strategy is withdrawn. (9) The strategic planning authority must publish the report. (12J) (1) A strategic planning authority may withdraw its draft spatial development strategy at any time before arrangements are made for its examination. (2) Subsection (3) applies at any time after arrangements have been made for examination of a draft spatial development strategy (but before it is adopted). (3) The strategic planning authority that prepared the draft strategy may withdraw it only if— (a) the Secretary of State so directs, or (b) the examiner recommends that it is withdrawn, and the Secretary of State has not directed that it is not to be withdrawn. (4) The steps taken by a strategic planning authority to withdraw a draft strategy must include— (a) deleting the strategy from the website on which it was published; (b) removing copies of the strategy that were made available for inspection; (c) notifying the following that the strategy has been withdrawn— (i) each person to whom a notification under section 12H(1)(b) was required to be given; (ii) any person, not within sub-paragraph (i), who made representations in accordance with regulations under section 12H(7). (12K) (1) This section applies where— (a) a draft spatial development strategy has been published under section 12H, (b) the prescribed period for the making of representations (see section 12H(7)) has elapsed, (c) either— (i) the strategic planning authority that prepared the draft strategy has published the examiner’s report on it (see section 12I(9)), or (ii) no examination of the draft strategy is needed because of a direction under section 12I(1), and (d) the draft strategy has not been withdrawn (see section 12J). (2) The strategic planning authority must— (a) consider any representations received in accordance with regulations under section 12H(7) and decide whether to make any modifications as a result, (b) if an examination was held, consider the examiner’s report and decide whether to make any modifications that the examiner recommends, and (c) consider whether to make any other modifications to take account of— (i) any national development management policies so far as material, or (ii) any other material considerations. (3) After such consideration and (if considered appropriate) modification, the strategic planning authority must submit the draft spatial development strategy to the Secretary of State, stating that the authority intends to adopt it. (4) The strategic planning authority must inform the Secretary of State of— (a) any modifications made to the published draft strategy, and the reasons for making them; (b) any modifications to the published draft strategy that the examiner recommended but which the authority has not made, and the reasons for not making them. (5) If the Secretary of State considers that a submitted spatial development strategy is— (a) inconsistent with current national policies, or (b) detrimental to the interests of an area outside the strategy area, the Secretary of State may, within the relevant period, direct the strategic planning authority to make specified modifications of the strategy in order to deal with the inconsistency or detriment. (6) In this section “the relevant period”, in relation to a spatial development strategy, means— (a) the period of six weeks beginning with the date when the strategy was submitted to the Secretary of State, or (b) such longer period as is specified by the Secretary of State in a direction given within the period specified in paragraph (a) to the authority that submitted the strategy. (12L) (1) A spatial development strategy must not be adopted by a strategic planning authority unless it is in the form submitted to the Secretary of State under section 12K, subject to any modifications directed to be made under subsection (5) of that section. (2) A spatial development strategy must not be adopted by a strategic planning authority unless— (a) the relevant period (as defined in section 12K(6)) has elapsed, (b) the authority has complied with any requirement of regulations under this Part for steps to be taken, or a period to elapse, before a strategy may be adopted, and (c) if a direction was given to the authority under section 12K(5), the Secretary of State confirms that the Secretary of State is content with the modified strategy. (3) A strategic planning authority must hold a vote on a resolution to adopt its spatial development strategy as soon as reasonably practicable after the conditions in subsection (2) are satisfied. (4) Subsection (5) applies in relation to the adoption of a spatial development strategy by— (a) a mayoral combined authority, or (b) a mayoral combined county authority. (5) In the event of a tied vote on whether to pass a resolution to adopt the strategy, the mayor of the authority has a casting vote (in addition to any other vote the mayor may have). (6) A strategic planning authority that has adopted a spatial development strategy must publish the strategy together with a statement that it has been adopted. (7) A spatial development strategy becomes operative when it is published. (12M) (1) This section applies in relation to an operative spatial development strategy. (2) A strategic planning authority must keep under review the matters which may be expected to affect the development of the strategy area or the planning of its development or which are otherwise relevant to the content of the strategy. (3) In exercising functions under subsection (2), a strategic planning authority must— (a) if the authority identifies matters to be kept under review that relate to the area of a local planning authority that is outside the strategy area, consult that local planning authority about those matters; (b) if the authority identifies matters to be kept under review that relate to the area of a person responsible for preparing a spatial development strategy that is outside the strategy area, consult that person about those matters. (4) A strategic planning authority must carry out a review of its spatial development strategy from time to time. (5) The Secretary of State may direct a strategic planning authority to review all or specified parts of its spatial development strategy. (6) A strategic planning authority must— (a) monitor the implementation of its spatial development strategy, and (b) monitor, and collect information about, matters relevant to the preparation, review, alteration, replacement or implementation of the strategy. (7) The Secretary of State may make regulations imposing either or both of the following duties on each strategic planning authority that has an operative spatial development strategy— (a) a duty to make prescribed information relating to the implementation of the authority’s strategy available to the public in such form and manner as may be prescribed; (b) a duty to provide prescribed information relating to the implementation of the authority’s strategy to the Secretary of State in such form and manner as may be prescribed. (12N) (1) This section applies in relation to an operative spatial development strategy. (2) A strategic planning authority may at any time prepare alterations of its strategy. (3) The Secretary of State may direct a strategic planning authority to alter its spatial development strategy as specified in the direction. (4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must alter its spatial development strategy. (5) A spatial development strategy as altered must still conform to section 12D. (6) Sections 12G to 12L apply in relation to the preparation and adoption of an alteration of a spatial development strategy as they apply in relation to the preparation and adoption of a spatial development strategy. (12O) (1) This section applies in relation to an operative spatial development strategy. (2) A strategic planning authority may at any time prepare a new spatial development strategy as a replacement. (3) The Secretary of State may direct a strategic planning authority to replace its spatial development strategy. (4) The Secretary of State may by regulations make provision as to when, or the circumstances in which, a strategic planning authority must replace its spatial development strategy. (5) A strategic planning authority’s operative spatial development strategy is revoked upon a new spatial development strategy being adopted by the authority in accordance with this Part. (12P) (1) This section applies if the Secretary of State considers that— (a) a strategic planning authority is failing to do anything it is necessary or expedient for it to do in connection with the preparation, adoption, alteration, replacement or review of a spatial development strategy, (b) a spatial development strategy is, is going to be or may be— (i) inconsistent with current national policies, or (ii) detrimental to the interests of an area outside the strategy area, or (c) a proposed alteration of a spatial development strategy will, or may, result in the strategy becoming— (i) inconsistent with current national policies, or (ii) detrimental to the interests of an area outside the strategy area. (2) The Secretary of State may— (a) if the strategy is not operative, take over preparation of the strategy from the strategic planning authority; (b) if the strategy is operative, alter the strategy; (c) give a direction to the strategic planning authority in relation to the preparation, adoption, withdrawal, alteration, replacement, review or revocation of the strategy. (3) The power of direction under subsection (2)(c) includes power to direct a strategic planning authority— (a) to modify or withdraw its draft spatial development strategy; (b) to alter or revoke its (operative) spatial development strategy. (4) Subsections (5) to (12) apply if preparation of a spatial development strategy is taken over under subsection (2)(a). (5) The Secretary of State must publish a document setting out— (a) the timetable for preparing the strategy, and (b) details of any departures from any existing spatial development strategy timetable. (6) The Secretary of State must (or, if an examination of the draft strategy has already been held, may)— (a) make arrangements for an examination of the draft strategy to be held in public, or (b) direct the strategic planning authority to make arrangements for an examination of the draft strategy under section 12I. (7) Subsections (2) to (8) of section 12I apply in relation to an examination held under subsection (6)(a), reading references to the strategic planning authority as references to the Secretary of State. (8) The Secretary of State must either— (a) publish the examiner’s report, or (b) direct the strategic planning authority to publish it. (9) The Secretary of State may then— (a) approve the strategy, (b) modify the strategy and approve it with the modifications, (c) direct the strategic planning authority to consider adopting— (i) the strategy, or (ii) the strategy as modified by the Secretary of State, or (d) reject the strategy. (10) If the Secretary of State gives a direction under subsection (9)(c), section 12L applies with the omission of subsections (1) and (2) of that section (and as if the reference in subsection (3) of that section to the conditions in subsection (2) being satisfied were a reference to the direction being received). (11) If the Secretary of State approves a spatial development strategy under subsection (9)(a) or (b), the Secretary of State must either— (a) publish the strategy, or (b) direct the strategic planning authority to publish it. (12) The spatial development strategy becomes operative when it is published. (13) Subsections (5) to (12) (and the provisions applied by them) apply in relation to an alteration of a strategy under subsection (2)(b) as they apply to a strategy prepared under subsection (2)(a). (14) The Secretary of State must give reasons for— (a) whatever the Secretary of State does under subsection (2); (b) the decision made under subsection (9). (15) In the exercise of any function under this section the Secretary of State— (a) may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority), and (b) must have regard to— (i) the spatial development strategy timetable, and (ii) the local plan timetable prepared by a local planning authority for an area that is wholly or partly within the strategy area. (16) In subsection (15)(b)(ii) “local plan timetable” is to be construed in accordance with section 15B. (12Q) (1) This section applies in the event of a vote by a strategic planning authority against passing a resolution to adopt a spatial development strategy. (2) The Secretary of State may, if the Secretary of State considers it appropriate— (a) approve the strategy, or (b) modify the strategy and approve it with the modifications. (3) The powers in subsection (2) are exercisable— (a) on the Secretary of State’s own initiative, or (b) in the case of a strategy prepared by a mayoral combined authority or a mayoral combined county authority, if the mayor of the authority requests the Secretary of State to exercise those powers. (4) The function of making a request as mentioned in subsection (3)(b) is exercisable only by the mayor (and may not be the subject of arrangements under section 107D(3) of the Local Democracy, Economic Development and Construction Act 2009 or section 30(3) of the Levelling-up and Regeneration Act 2023). (5) The Secretary of State must give reasons to the strategic planning authority or (as the case may be) the mayor of the strategic planning authority— (a) for anything the Secretary of State does under subsection (2), or (b) if the Secretary of State declines to approve the strategy, for that decision. (6) If the Secretary of State approves a spatial development strategy under subsection (2) the Secretary of State must either— (a) publish the strategy, or (b) direct the strategic planning authority to publish it. (7) The spatial development strategy becomes operative when it is published. (8) In making a decision under this section the Secretary of State may take account of any matter that the Secretary of State considers to be relevant (regardless of whether the matter was taken account of by the strategic planning authority). (12R) (1) The Secretary of State may require a strategic planning authority to reimburse the Secretary of State for any expenditure incurred by the Secretary of State in, or in connection with, exercising a function under section 12P or 12Q in relation to the authority’s spatial development strategy. (2) Where the strategic planning authority is a strategic planning board, subsection (1) is to be read as giving power for the Secretary of State to require reimbursement of such expenditure from the constituent authorities of the board in such proportions as the Secretary of State considers just and reasonable. (12S) (1) If the Secretary of State is considering whether to take action under section 12P in relation to a spatial development strategy, the Secretary of State may direct the strategic planning authority responsible for the strategy not to take any step, or not to take a step specified in the direction, in connection with the strategy— (a) until a time or event (if any) specified in the direction, or (b) until the direction is revoked. (2) A spatial development strategy to which such a direction relates is not operative while the direction is in force. (3) A direction given under this section in relation to a strategy ceases to have effect if the Secretary of State— (a) gives a direction under section 12P(2)(c) or (9)(c) in relation to the strategy, or (b) approves the strategy under section 12P(9)(a) or (b). (12T) (1) The Secretary of State may by regulations make supplementary, incidental, transitional, transitory or saving provision for the purposes of strategic planning board regulations. (2) Where, immediately before strategic planning board regulations establishing a strategic planning board come into force, a spatial development strategy is operative in relation to the area of a principal authority that is to be a constituent authority of the board, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of the strategic planning board. (3) Where a strategic planning board has an operative spatial development strategy immediately before strategic planning board regulations that revoke the regulations that established that board come into force, regulations under subsection (1) may include provision for that strategy to be treated, for the purposes of this Part or another enactment, as the operative spatial development strategy of a prescribed principal authority or authorities. (4) In this section “strategic planning board regulations” means regulations under section 12B(2). (12U) (1) The Secretary of State may by regulations make provision in connection with the exercise by any person of a function conferred by or under this Part. (2) The regulations may (among other things) make provision as to— (a) the procedure to be followed in connection with the preparation, adoption, publication, review, withdrawal, alteration or replacement of a spatial development strategy or in connection with a review under section 12M(2); (b) the remuneration and allowances payable to a person appointed to conduct a public examination (under section 12I or as mentioned in section 12P(6)(a)); (c) the supply of information or documents to the Secretary of State by a strategic planning authority for the purposes of any decision that the Secretary of State may make under this Part; (d) the determination of the time by or at which anything must be done for the purposes of this Part; (e) the manner of publication of any document required to be published under this Part; (f) the making of reasonable charges for the provision of copies of documents required by or under this Part. (3) Regulations under this Part may make different provision for different areas. (12V) (1) A direction given to a strategic planning authority under this Part may— (a) require the authority to do specified things by specified dates; (b) require the authority to keep the Secretary of State informed at specified intervals of the progress being made towards doing what the authority is directed to do. (2) A direction under this Part must be given in writing. (3) A direction under this Part may be varied or revoked by notice in writing to the strategic planning authority to which it was given. (4) A direction under this Part must be published. (12W) (1) In this Part “spatial development strategy” means, as the context requires— (a) a strategy adopted by a strategic planning authority under section 12L, (b) a strategy approved by the Secretary of State under section 12P(9)(a) or (b) or 12Q(2)(a) or (b), or (c) a strategy in preparation by a strategic planning authority in accordance with this Part. (2) In sections 12B(4)(c), 12C(6)(b)(iv), 12H(2)(f) and 12M(3)(b)— (a) “spatial development strategy” includes— (i) the spatial development strategy for London, (ii) a spatial development strategy adopted by a combined authority in accordance with regulations under section 105A of the Local Democracy, Economic Development and Construction Act 2009, and (iii) a spatial development strategy adopted by a combined county authority in accordance with regulations under section 19 of the Levelling-up and Regeneration Act 2023; and (b) “person responsible for preparing a spatial development strategy” is to be read accordingly. (3) For the purposes of sections 12M to 12O, a spatial development strategy approved by the Secretary of State under a power specified in subsection (1)(b) is to be regarded as the spatial development strategy of the strategic planning authority in relation to which the power is exercised. (12X) (1) In this Part— - “combined authority” means a combined authority established under section 103(1) of the Local Democracy, Economic Development and Construction Act 2009; - “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; - “constituent authority”, in relation to a strategic planning board, is to be construed in accordance with section 12B; - “examination” means an examination in public of a draft spatial development strategy as set out in section 12I, and “examiner” is to be construed accordingly; - “mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009; - “mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023; - “national development management policy” must be construed in accordance with section 38ZA; - “principal authority” has the meaning given by section 12A(7); - “spatial development strategy for London” means the strategy adopted by the Mayor of London under Part 8 of the Greater London Authority Act 1999; - “spatial development strategy timetable” has the meaning given by section 12E; - “strategic planning authority” has the meaning given by section 12A; - “strategic planning board” has the meaning given by section 12B; - “strategy area” has the meaning given by section 12A(4); - “unitary authority” means— a county council for an area that does not include the areas of district councils, or a district council for an area that does not form part of the area of a county council; - “upper-tier county council” means a county council for an area that includes the areas of district councils. (2) In this Part— (a) “local planning authority” has the same meaning as in Part 2 (see section 15LF); (b) references to a local planning authority’s area are to the area for which they are the local planning authority in accordance with that Part.

• (2) In section 334 of the Greater London Authority Act 1999—

• (a) in subsection (2A) (as inserted by section 95(2) of the Levelling-up and Regeneration Act 2023) omit paragraph (b) (and the “and” at the end of paragraph (a));

• (b) in subsection (2D) (also inserted by section 95(2) of that Act) omit paragraph (b) (and the “but” at the end of paragraph (a)).

• (3) Schedule 2 makes minor and consequential amendments in connection with subsection (1).

• (4) The Secretary of State may by regulations by statutory instrument make provision that is consequential on subsection (1).

• (5) Regulations under subsection (4) may amend an Act passed before the end of the session of Parliament in which this Act is passed.

• (6) Regulations under subsection (4) may include incidental, supplemental, transitional and saving provision.

• (7) A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (5) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

• (8) Any other statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

Part 3 — Development and nature recovery

Overview

Overview of EDPs

59

• (1) An environmental delivery plan is a plan prepared by Natural England, and made by the Secretary of State, that sets out, in relation to development to which it applies—

• (a) the environmental features that are likely to be negatively affected by the development,

• (b) the conservation measures that are to be taken by or on behalf of Natural England in order to protect those environmental features,

• (c) the amount of the nature restoration levy payable by developers to Natural England to cover the cost of those conservation measures (see sections 62 and 72 to 81), and

• (d) the environmental obligations in relation to development that are discharged, disapplied or otherwise modified if a developer pays the nature restoration levy in relation to the development (see section 72 and Schedule 3).

• (2) In this Part—

• (a) sections 60 to 63 make provision about the required contents of an environmental delivery plan;

• (b) sections 64 to 66 make provision about the procedure for making an environmental delivery plan;

• (c) sections 67 to 71 make provision about reporting on, amending, revoking and challenging an environmental delivery plan.

• (3) In this Part, an “EDP” means an environmental delivery plan.

Environmental delivery plans: content

Scope of an EDP: area, kind and volume of development and time period

60

• (1) An EDP must specify the development to which it applies by reference to—

• (a) the area in which the development may be undertaken (the “development area”), and

• (b) the kind of development.

• (2) The development area must be an area in—

• (a) England, or

• (b) the waters adjacent to England up to the seaward limits of the territorial sea.

• (3) An EDP may—

• (a) provide that it does not apply to development in specified areas within the development area, or

• (b) specify as the development area an area that is comprised of separate parcels of land.

• (4) An EDP must—

• (a) include a map showing the boundaries of the development area, and

• (b) set out the reasons for its application to the development area and, where relevant, the reasons for excluding any area under subsection (3)(a).

• (5) An EDP must specify the maximum amount of development to which it may apply.

• (6) The maximum amount of development may be specified in any way that Natural England considers appropriate, which may, for example, be by reference to—

• (a) the area covered by the development,

• (b) measurements of floor space,

• (c) numbers of buildings or of units within buildings,

• (d) values or expected values, or

• (e) in the case of development that is a nationally significant infrastructure project within the meaning of the Planning Act 2008, any measurement of the scale of the project that is used for the purposes of Part 3 of that Act.

• (7) An EDP must specify—

• (a) the date on which it comes into force (the “EDP start date”), and

• (b) the date on which it expires (the “EDP end date”), which must be before the end of the period of ten years beginning with the EDP start date.

Environmental features, environmental impacts and conservation measures

61

• (1) An EDP must identify—

• (a) one or more environmental features which are likely to be negatively affected by development to which the EDP applies, and

• (b) one or more ways in which that negative effect is likely to be caused by the development (the “environmental impact”).

But an EDP need not identify all of the possible environmental impacts on an environmental feature.

• (2) An environmental feature identified in an EDP may be—

• (a) a protected feature of a protected site, or

• (b) a protected species.

• (3) An EDP must set out the measures (“conservation measures”) that are to be taken by, or on behalf of, Natural England, under the EDP in order to—

• (a) address the environmental impact of development on the identified environmental feature, and

• (b) contribute to an overall improvement in the conservation status of the identified environmental feature (see also section 65(3)).

• (4) An EDP must set out the anticipated sequencing of the implementation of the conservation measures by reference to the development to which the EDP applies.

• (5) Where an identified environmental feature is a protected feature of a protected site that is wholly in England, the EDP may set out conservation measures that do not directly address the environmental impact of development on that feature at that site but instead seek to improve the conservation status of the same feature elsewhere.

• (6) But an EDP may include conservation measures of the type mentioned in subsection (5) only if Natural England considers that such measures would make a greater contribution to the improvement of the conservation status of the feature than measures that address the environmental impact of development on the feature at the protected site itself.

• (7) An EDP must include conservation measures that are not, at the time the EDP is made, expected to be needed but which must be implemented in the circumstances set out in the EDP.

• (8) Those circumstances must relate to the effectiveness of the conservation measures that have already been implemented, as revealed by the monitoring of the EDP (see section 82(4)(a)).

• (9) An EDP must state—

• (a) how much the conservation measures are expected to cost, and

• (b) how the conservation measures are to be maintained,

over the period covered by the EDP or, if longer, the period for which the conservation measures are likely to be required to address the environmental impact of development.

• (10) A conservation measure may take the form of a request, by Natural England, that a condition of development be imposed (see section 95).

• (11) In this section—

• “England” includes— the waters adjacent to England up to the seaward limits of the territorial sea, and the English offshore region;

• “English offshore region” has the same meaning as in the Marine and Coastal Access Act 2009 (see section 322(1) of that Act);

• “the environmental impact of development” means the environmental impact, as identified in the EDP, of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).

Nature restoration levy: charging schedules

62

• (1) An EDP must include one or more charging schedules which set out the rates or other criteria by reference to which the amount of nature restoration levy is to be determined for each kind of development to which the EDP applies.

• (2) Each charging schedule must relate to an environmental impact of development on an identified environmental feature.

• (3) The rates or other criteria must be set in accordance with nature restoration levy regulations (see sections 73 to 80).

Other requirements for an EDP

63

• (1) An EDP must describe the conservation status of each identified environmental feature as at the EDP start date.

• (2) An EDP must set out—

• (a) why Natural England considers the conservation measures to be appropriate,

• (b) Natural England’s opinion on how the conservation measures will enable the EDP to pass the overall improvement test, and

• (c) what alternatives to the conservation measures were considered by Natural England and why they were not included.

• (3) Where an EDP includes conservation measures of the type mentioned in section 61(5) (network conservation measures), it must state how, in the opinion of Natural England, the measures comply with the requirement in section 61(6) (network measure to make a greater contribution to improvement of conservation status of the feature than onsite measure).

• (4) Where an EDP identifies a protected species as an environmental feature, the EDP must set out the terms of the licence that will be treated as having been granted under paragraph 4, 5 or 6 of Schedule 3.

• (5) An EDP must specify the terms that must be incorporated into a licence under—

• (a) regulation 55 of the Habitats Regulations 2017,

• (b) section 16 of the Wildlife and Countryside Act 1981, or

• (c) section 10 of the Protection of Badgers Act 1992,

that may be granted to Natural England to facilitate the carrying out of any conservation measures.

• (6) An EDP must list the strategies and plans to which Natural England had regard in preparing the EDP (see section 94(3) and (4)).

• (7) An EDP must include an overview of any other measures (in addition to the conservation measures set out in the EDP) that are being taken or are likely to be taken by Natural England or another public authority with the aim of improving the conservation status of each identified environmental feature.

• (8) An EDP must set out how Natural England will monitor the EDP (see section 82(4) and (5)).

• (9) The Secretary of State must make regulations setting out the appropriate prioritisation, by Natural England, of the different ways of addressing any negative effect of development on a protected species or on a protected feature of a protected site when—

• (a) preparing an EDP, or

• (b) considering requesting an amendment to an EDP.

• (10) The Secretary of State may make regulations setting out further information that must be included, or matters that must be dealt with, in an EDP.

Environmental delivery plans: procedure

Draft EDP: notification and consultation

64

• (1) When Natural England decides to prepare an EDP, it must—

• (a) notify the Secretary of State of that decision, and

• (b) publish the notification given to the Secretary of State.

• (2) After preparing a draft EDP, Natural England must publish the draft for public consultation and seek the views of the following—

• (a) the Environment Agency,

• (b) the Joint Nature Conservation Committee,

• (c) any local planning authority for an area that is wholly or partly within the development area,

• (d) any local highway authority for an area that is wholly or partly within the development area,

• (e) any strategic highways company for an area that is wholly or partly within the development area,

• (f) Network Rail Limited, if the development area includes all or part of its network,

• (g) the Mayor of London, if all or part of the development area is in Greater London,

• (h) if the development area includes all or part of the area of a mayoral combined authority, the mayor of the authority,

• (i) if the development area includes all or part of the area of a mayoral combined county authority, the mayor of the authority,

• (j) the Marine Management Organisation, if all or part of the development area is in the waters adjacent to England,

• (k) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Wales, the Natural Resources Body for Wales and the Welsh Ministers,

• (l) if an environmental feature identified in the draft EDP is a protected feature of a protected site that is wholly or partly in Scotland, Scottish Natural Heritage and the Scottish Ministers,

• (m) any other public authority Natural England considers should be consulted, and

• (n) any other public authority specified in regulations made by the Secretary of State.

• (3) The Secretary of State may by regulations require a public authority specified in the regulations to respond to the consultation within the consultation period.

• (4) Natural England need not have regard to any consultation responses received after the end of the consultation period.

• (5) The consultation period is the period of 28 working days beginning with the day on which the draft EDP is published for consultation, or such longer period as is specified in regulations made by the Secretary of State.

• (6) If, after considering the responses to the consultation, Natural England amends the draft EDP, it may (but is not obliged to) reconsult.

• (7) In this section—

• “local highway authority” has the meaning given by section 329(1) of the Highways Act 1980;

• “mayoral combined authority” has the meaning given by section 107A(8) of the Local Democracy, Economic Development and Construction Act 2009;

• “mayoral combined county authority” has the meaning given by section 27(8) of the Levelling-up and Regeneration Act 2023;

• “network” has the meaning given by section 83(1) of the Railways Act 1993;

• “strategic highways company” has the meaning given by section 329(1) of the Highways Act 1980.

• (8) In this section, the references to Wales and Scotland include the waters adjacent to them up to the seaward limits of the territorial sea.

Making of EDP by Secretary of State

65

• (1) After complying with section 64, Natural England may send a draft of the EDP to the Secretary of State to be made.

• (2) When providing the Secretary of State with a draft EDP, Natural England must also provide to the Secretary of State—

• (a) copies of all responses to the consultation, and

• (b) Natural England’s response to the consultation and details of any further consultation.

• (3) The Secretary of State may make the EDP only if the Secretary of State considers that the EDP passes the overall improvement test.

• (4) An EDP passes the overall improvement test if, by the EDP end date, the effect of the conservation measures will materially outweigh the negative effect of the EDP development on the conservation status of each identified environmental feature.

• (5) In subsection (4), “the negative effect of the EDP development” means the effect, caused by the environmental impact, as identified in the EDP in accordance with section 61(1)(b), of the maximum amount of development to which the EDP may apply, as specified in accordance with section 60(5).

• (6) The Secretary of State may request further information from Natural England in order to decide whether to make an EDP.

• (7) If the Secretary of State decides not to make an EDP, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.

Publication of EDP

66

• (1) After the Secretary of State makes an EDP, the Secretary of State must—

• (a) publish the EDP, or

• (b) direct Natural England to publish it.

• (2) The EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the EDP.

• (3) The EDP start date must not be before the date on which the EDP is published.

Environmental delivery plans: reporting, amendment, revocation and challenge

Reporting on an EDP

67

• (1) Natural England must publish—

• (a) a report on an EDP covering the period from the EDP start date to the EDP midpoint, and

• (b) a report on an EDP covering the period from the EDP midpoint to the EDP end date.

• (2) If an EDP is revoked (see section 69)—

• (a) where the EDP is revoked before the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP start date and ending with the revocation date (instead of publishing the reports under subsection (1));

• (b) where the EDP is revoked after the EDP midpoint, Natural England must publish a report covering the period beginning with the EDP midpoint and ending with the revocation date (instead of publishing the report under subsection (1)(b)).

• (3) Natural England may publish a report on an EDP at any other time.

• (4) A report under subsection (1) or (2) must be published before the end of the period of two months beginning with the day on which the period covered by the report ends.

• (5) A report under subsection (1) or (2) must state—

• (a) how much of the maximum amount of development available under the EDP (see section 60(5)) remains available;

• (b) the amounts of nature restoration levy received by Natural England under the EDP;

• (c) whether the conservation measures have been implemented and if not, why not;

• (d) whether the conservation measures are having, or have had, their intended effect;

• (e) what the conservation measures are costing, and how this compares with what they were expected to cost as set out in the EDP (see section 61(9));

• (f) whether the rates or other criteria set out in each charging schedule have been amended or are expected to be amended;

• (g) whether anything else in the EDP has been amended or is expected to be amended.

• (6) A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.

• (7) A report under subsection (1)(b) (final report) must also include—

• (a) an assessment of whether the EDP has passed the overall improvement test, and

• (b) if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 65(4).

• (8) A report under subsection (2) (revocation report) must also include—

• (a) an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 65 as if—

• (i) the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section 70(4));

• (ii) the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;

• (b) if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.

• (9) Natural England must have regard to guidance issued by the Secretary of State about reports on an EDP.

• (10) In this section—

• “the EDP midpoint” means the point in time that falls halfway between the EDP start date and the EDP end date;

• “the revocation date” means the date on which the EDP is revoked, as set out in the notice under section 69(5).

Amendment of an EDP

68

• (1) The Secretary of State may amend an EDP—

• (a) on a request from Natural England, or

• (b) on the Secretary of State’s own initiative.

• (2) But an EDP may not be amended so that it no longer applies to development in respect of which a developer has already committed to pay the nature restoration levy under the EDP.

• (3) Where Natural England requests, or the Secretary of State is minded to make, an amendment to an EDP that—

• (a) increases the maximum amount of development to which the EDP may apply, as specified under section 60(5),

• (b) changes the development area to include a new area to which the EDP does not currently apply, or

• (c) adds new conservation measures that are of a kind not currently included in the EDP,

the Secretary of State must direct Natural England to consult on the EDP as proposed to be amended.

• (4) Where—

• (a) Natural England requests any other type of amendment, other than an amendment only to a charging schedule, or

• (b) the Secretary of State is minded to make such an amendment,

the Secretary of State may direct Natural England to consult on the EDP as proposed to be amended.

• (5) Where the Secretary of State directs Natural England to consult, Natural England must—

• (a) follow the consultation procedure set out in section 64, and

• (b) provide to the Secretary of State—

• (i) copies of all responses to the consultation, and

• (ii) Natural England’s response to the consultation and details of any further consultation.

• (6) The Secretary of State may make an amendment to an EDP only if the Secretary of State considers that the EDP as amended passes the overall improvement test.

• (7) If the Secretary of State decides not to make an amendment when requested to do so by Natural England, the Secretary of State must publish a notice of the decision that sets out the reasons for the decision.

• (8) After the Secretary of State amends an EDP, the Secretary of State must—

• (a) publish the EDP as amended, or

• (b) direct Natural England to publish it.

• (9) The amended EDP must be published before the end of the period of 28 days beginning with the day on which the Secretary of State makes the amendment.

• (10) The amendment must not come into effect before the date on which the amended EDP is published.