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Lawyers for Nature stands in firm opposition to the Planning and Infrastructure Bill 2025 in its current form. While we acknowledge the government's stated aim to streamline development and enhance environmental outcomes, the Bill's current provisions risk undermining existing environmental protections, democratic processes, and the fundamental rights of nature itself.
The natural world is not merely a backdrop for human activity; ecosystems have an inherent right to exist, flourish, and regenerate. This principle is increasingly recognised in legal systems worldwide and must inform our planning and infrastructure decisions. Failure to do so risks irreversible harm to nature and undermines our own future wellbeing.
We echo the concerns raised by the Chartered Institute of Ecology and Environmental Management (CIEEM), who note that, “the execution of this concept is critically flawed. As currently drafted, the Bill threatens to cause unnecessary and irreparable ecological harm while simultaneously imposing additional costs, uncertainty and delays on developers due to the uncertainty around the nature and scope of the proposed Environmental Delivery Plans (EDPs).”
Several other organisations have also expressed concerns.On 1 May 2025 The Office for Environmental Protection determined “In our considered view, the Bill would have the effect of reducing the level of environmental protection provided for by existing environmental law. As drafted, the provisions are a regression”, and they have suggested a number of proposals in an attempt to ameliorate the impact.
A joint statement from a number of stakeholders published on 22 May stated the Bill fell short on “the protection and restoration of the natural environment, the delivery of high-quality development, and the promotion of sustainable economic growth”. The Wildlife Trust has published research and together with the RSPB published a statement which states that the Bill “fundamentally undermines the government’s commitment to protect nature”. Wildlife and Countryside Link, a coalition of conservation organisations, have proposed a number of amendments. Wild Justice has also started legal proceedings against the government, following advice they sought from independent counsel.
At the time of publication (20/6/25) the Bill has passed the Commons Committee stage (April - May) and despite the government having stated they are considering the OEPs suggestions carefully, no opposition or third party amendments succeeded.
As the Bill enters the House of Lords, opposition amendments remain possible and Lawyers for Nature are urging the Lords to incorporate the environmental safeguards and amendments suggested.
We are committed to raising public awareness of these concerns, campaigning against the Bill’s most damaging aspects, and promoting a planning system that respects both human and ecological rights.
The Bill introduces Environmental Delivery Plans (EDPs) and a Nature Restoration Fund Levy, mechanisms that allow developers to pay into a central fund rather than conducting site-specific ecological assessments. Once a developer agrees to pay, some environmental impacts, regardless of severity and the significance of particular sites and species, are deemed legally irrelevant. The Bill would make it unlawful for decision-makers to consider harm to nature on land covered by an EDP. This “pay-to-pollute” model undermines the established mitigation hierarchy, which prioritises avoiding harm before considering compensation. It treats ecosystems as commodities rather than recognising their inherent value and rights.
On 25 April 2025 the Government announced an amendment to the Bill to remove all statutory consultees from the Nationally Significant Infrastructure Projects (NSIPs) pre-application process. This pre-application consultation stage is meant to allow key experts and local stakeholders to flag environmental, community and design issues early. The Wildlife Trust have declared this move as “disastrous for the natural world”.
Existing environmental protections are far from perfect. They form an unintuitive patchwork of domestic and European provenance, unsuitable for both development and the adequate protection of nature itself. However, the solution proposed by the Bill would put both objectives firmly within Ministerial discretion.
A rights of nature approach asserts that without direct protections for living systems, the Bill facilitates irreversible damage to local habitats and species and is a clear violation of nature’s right to exist and thrive.
The development and implementation of EDPs currently lack clear standards for stakeholder involvement and transparency. Without robust and inclusive oversight, there is a serious risk that critical ecological data and local knowledge will be overlooked, leading to poor decision-making that disregards the voice of nature. Though Natural England must periodically review EDPs, this requirement is regressive compared to the existing process and outcome-based rules for nature protection.
A rights of nature approach demands transparency and accountability to ensure that nature’s interests are properly represented in planning decisions.
By streamlining planning decisions and reducing consultation requirements, the Bill severely diminishes public participation and local authority input. Communities often act as the guardians of their local ecosystems, advocating for the places they know and cherish. Removing these democratic avenues silences not only local voices but also nature’s defenders. Where communities agitate for decision-makers to consider environmental impacts, the Bill will force both planners and elected councillors to dismiss those impacts as irrelevant in law. This not only silences local voices—it also erases the deeper significance of place in governing decisions.
Through the lens of the politics of place, each locality embodies unique social, historical, and ecological identities that shape and are shaped by planning choices. These are not mere landscapes, but contested spaces where power relations, community attachment, and environmental stewardship intersect.
By sidelining place-based knowledge and democratic processes, the Bill risks decoupling planning from the very communities and ecosystems it purports to serve; ignoring that what is deemed insignificant in law may be profoundly significant to people, wildlife, and the integrity of local environments.
A rights of nature approach calls on communities to be empowered and not sidelined so that they can advocate on behalf of ecosystems threatened by development.
The Regulatory Policy Committee has highlighted significant delays in evaluating the Bill’s impact, and the submission of incomplete impact assessments before the conclusion of the consultation period undermines informed policymaking.
A rights of nature approach warns that implementing such major reforms without a strong evidence base disregards the precautionary principle and a cornerstone of responsible environmental governance, putting both human and non-human communities at unacceptable risk.
The Planning and Infrastructure Bill 2025, in its current form, poses significant risks to environmental integrity, democratic engagement, and the principle that nature itself holds inherent rights. Development and infrastructure expansion must not come at the expense of ecosystems’ rights to exist and flourish, nor the public’s right to defend them.
Lawyers for Nature calls on the government to reconsider and amend the Bill’s provisions to align with a rights-based approach to environmental protection - one that respects the voice of nature, safeguards public participation, and promotes sustainable development.
How you can get involved
If you are a specialist in this subject and would like to discuss ways we can challenge the damaging aspects of the Bill and encourage greater consideration of the rights of nature in UK law and planning policy, please contact us at operations@lawyersfornature.com.
You can sign petitions such as this one here to demonstrate your opposition to the Bill.
Later this month the Bill will go through the House of Lords, it is vital that we continue to speak up for nature and urge the Government to rethink the most damaging aspects of the Bill and make the amendments suggested. Write to your MP and let them know your views.
Thousands will be heading to Westminster on 9 July where you can join others in demanding a future where Nature is afforded the rights it deserves.
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