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The Environmental Delivery Plans (Appropriate Prioritisation) Regulations 2026

S.I. 2026/655 · Made 16 June 2026

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ENVIRONMENTAL PROTECTION, ENGLAND

TOWN AND COUNTRY PLANNING, ENGLAND

Made 16th June 2026

Laid before Parliament 18th June 2026

Coming into force 9th July 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 63(9) and (10) of the Planning and Infrastructure Act 2025f1.

Annotations to the whole text

Footnotes

f1

2025 c. 34.

Contents

  1. 1Citation, commencement, extent and application
  2. 2Interpretation
  3. 3Appropriate prioritisation
  4. Signature
  5. Explanatory note

1Citation, 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.

2Interpretation

In these Regulations—

  • “the Act” means the Planning and Infrastructure Act 2025,

  • “avoidance measures” are conservation measuresf1 which are intended to avoid the negative effect of the EDP development on the conservation status of an identified environmental featuref2,

  • “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,

  • “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.

3Appropriate 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.

Signature

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

Ministry of Housing, Communities and Local Government

16th June 2026

Explanatory note

(This note is not part of the Regulations)

These Regulations set out how Natural England should prioritise different types of conservation measures when preparing or considering requesting an amendment to an Environmental Delivery Plan (“EDP”) under Part 3 of the Planning and Infrastructure Act 2025 (c. 34).

Conservation measures are the ways an EDP addresses the negative effects of development on a protected species or a protected feature of a protected site.

Regulation 3 sets out how conservation measures must be prioritised, provided that in Natural England’s view it is appropriate to do so. This regulation requires Natural England to consider value for money as part of the determination of appropriateness.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.