OpenLegislation

Section 70 Remedial action by Secretary of State where EDP ends or is revokedI1I2

England and Wales

(1)

This section applies where a report under section 67(1)(b) or (2) (report at end or on revocation of EDP) contains an assessment that the EDP has not passed, or would be unlikely to pass, the overall improvement test (see section 67(7) and (8)).

(2)

The Secretary of State must take such action (“remedial action”) as the Secretary of State considers proportionate for the purpose of seeking to materially outweigh the negative effect on the conservation status of the identified environmental feature that is (or is likely to be) caused by the environmental impact (as identified in the EDP in accordance with section 61(1)(b)) of any development in respect of which a developer has paid or will pay the nature restoration levy.

(3)

In deciding whether remedial action is proportionate, the Secretary of State must take into account—

(a)

the extent of the negative effect on the conservation status of the identified environmental feature,

(b)

the extent to which the remedial action would remedy that negative effect, and

(c)

the cost of the remedial action.

(4)

Remedial action may include—

(a)

taking (or continuing to take) any conservation measures included in the EDP, or directing another public authority to take (or continue to take) such measures;

(b)

taking, or directing another public authority to take, any other measures to improve the conservation status of the identified environmental feature.

(5)

The Secretary of State must, before the end of the period of six months beginning with the date on which the report mentioned in subsection (1) is published, publish a statement setting out—

(a)

the remedial action that the Secretary of State intends to take, and

(b)

the effect that the remedial action is expected to have on the identified environmental feature.

(6)

The Secretary of State must, before the end of the period of two years beginning with the date on which the statement mentioned in subsection (5) is published, publish a report setting out—

(a)

the extent to which the remedial action has remedied the negative effect mentioned in subsection (2), and

(b)

whether the remedial action has had its expected effect, as set out in the statement under subsection (5)(b).

(7)

If any measures taken by way of remedial action have not been fully implemented by the time the report mentioned in subsection (6) is published—

(a)

that report must set out when the measures are expected to be fully implemented, and

(b)

the Secretary of State must publish a further report, containing the information required under subsection (6)(a) and (b), before the end of the period of six months beginning with the day on which the measures are fully implemented.

Annotations

Commencement

I1

S. 70 not in force at Royal Assent, see s. 118(3)

I2

S. 70 in force at 18.2.2026 by S.I. 2025/1370, reg. 4(1)(l)