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Eco Current

Data-Driven Environmental Journalism

England planning law brings EDPs, nature levy in 2026

A new commencement order sets firm dates for England’s next phase of green planning reform. Key measures of the Planning and Infrastructure Act 2025 take effect on 18 February 2026, with annual EDP reporting starting 1 April 2026, and several EDP-related powers already live since December. The instrument also activates updates to national policy statements and streamlines parts of compulsory purchase.

At the centre of the reform are Environmental Delivery Plans (EDPs): area-based plans that Natural England drafts and the Secretary of State must make. Each EDP identifies environmental features at risk, sets out conservation measures, and includes a charging schedule for a new nature restoration levy tied to the type and scale of development. Plans must pass an ā€œOverall Improvement Testā€ to show conservation gains will materially outweigh impacts by the EDP end date.

The levy flows into a Nature Restoration Fund, with Natural England using pooled payments to deliver targeted projects at scale. Government says the first EDPs will launch in 2026, initially focusing on nutrient pollution that has stalled housing in several catchments, with public consultation built in before any plan is made.

Where an EDP is in place and a developer commits to the levy, certain project‑by‑project obligations are modified or discharged for the environmental features covered by that EDP, as set out in Schedule 3 of the Act. This is contingent on the plan meeting the improvement test and is subject to Secretary of State oversight.

Safeguards include mandatory publication of the plan, mid‑point and end‑point reporting on delivery, and powers for ministers to amend or revoke an EDP with remedial actions if performance falls short. Natural England will also publish annual reports on its EDP functions from 1 April 2026.

Beyond EDPs, the same commencement order brings climate and sustainability duties onto every type of development corporation from 18 February 2026, aligning their objectives with mitigation and adaptation alongside good design. It also triggers a five‑year review cycle for National Policy Statements, tightening the strategic framework for major infrastructure decisions.

Why this matters: England’s wildlife has seen a long slide. The State of Nature 2023 partnership reports a 32% average decline in abundance for monitored species in England since 1970, with 13% of assessed species threatened with extinction. Strategic, evidence‑led restoration linked to development pressures is one route to bend that curve.

Money will be decisive. Independent analysis for the Green Finance Institute estimates the UK faces a Ā£44–97bn funding gap over the next decade to meet nature goals, with a central estimate of Ā£56bn. A levy‑funded, plan‑led model could crowd in private finance if delivery is transparent, outcomes‑based and aligned with wider nature markets.

There are cautions from scientists and ecologists who fear a crude ā€œpay instead of protectā€ outcome if guardrails are weak. They argue ring‑fencing funds for conservation, robust evidence for each plan, and clear accountability will be essential to avoid perverse incentives and to maintain public trust. Ministers and Natural England say EDPs will be voluntary by default, evidence‑based and subject to approval and consultation.

What to watch in 2026: early EDP consultations, the levy’s secondary legislation, and Natural England’s operational standard and reporting. If the first nutrient‑pollution EDPs demonstrate measurable recovery at catchment scale while unblocking well‑sited homes, this reform could become a template for tackling species pressures and restoring habitats at speed.

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