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Natural England could gain new permitted development rights for Environmental Delivery Plans

by | 21 August 2026 11:38

 

Natural England could receive a substantial new package of permitted development rights to implement and maintain conservation measures contained within Environmental Delivery Plans (EDPs).

The proposal forms part of the Government’s June 2026 permitted development consultation. It would create a national grant of planning permission for Natural England and operators acting on its behalf, covering works ranging from ponds and wetlands to paths, wildlife structures, SANG parking and certain changes of use. The consultation closed on 5 August 2026 and the rights do not yet exist.

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What are Environmental Delivery Plans?

 

Environmental Delivery Plans are part of the Nature Restoration Fund framework created through the Planning and Infrastructure Act 2025. Natural England can use an EDP to set out a package of conservation measures intended to address environmental impacts from development and secure an environmental uplift.

The idea is strategic mitigation: resources from development can be pooled so conservation measures are delivered at scale rather than necessarily on a site-by-site basis.

 

Who would be able to use the proposed rights?

 

The rights would be available to Natural England and operators acting on its behalf. The consultation says this could include contractors, environmental organisations and local planning authorities where responsibilities have been delegated.

They would not be general rights available to a landowner merely because a project has an environmental purpose.

 

Ponds, wetlands and landscaping

 

The proposed permissions could cover excavation, deposition and other landscaping needed for conservation measures. Examples include creating and restoring ponds, ditches and bunds, modifying rivers to create meanders, creating wetlands and flooded meadows, shallow scrapes, peat restoration and re-profiling land.

The consultation notably proposes no overall size or scale limit for landscaping, although other controls would apply. These works could overlap with habitats used by protected species and with schemes designed to improve or create Suitable Alternative Natural Greenspace (SANG).

 

Flood risk and contamination safeguards

 

Landscaping in Flood Zones 2 or 3 that is likely to divert or obstruct floodwater would require prior consultation with the Environment Agency, supported by a flood risk assessment.

This proposed prior consultation is different from planning prior approval. Separate environmental permits and watercourse consents could also still be required.

 

Paths, wildlife structures and access

 

The consultation also proposes rights for footpaths, cycleways, bridleways, gates, fences, walls and other means of enclosure, together with structures used for habitat creation or wildlife monitoring.

For SANGs, the proposals could permit one vehicular access, up to 10 parking spaces, cycle parking, barriers and related infrastructure, with prior approval for transport, highways and access impacts.

 

Agricultural and temporary works

 

Environmental Delivery Plans may seek to reduce nutrient pollution. Natural England could therefore be given rights to replace, improve or cover existing above-ground slurry stores, subject to proposed limits.

Separate temporary rights could allow buildings, plant, machinery and apparatus needed for surveys and investigations for up to six months.

 

Changes of use could also be permitted

 

Perhaps most significantly, the proposed package could permit changes in the use of land or existing buildings where required for EDP conservation measures. Government examples include farmland becoming conservation land or SANG, less intensive agricultural use alongside conservation measures and the adaptation of existing buildings to provide habitat.

Uses principally intended to attract visiting members of the public, such as a visitor centre or public toilets, would remain outside the proposed right.

 

Would protected areas be excluded?

 

The proposed national permissions would apply across most of England, including much Article 2(3) land. They would not apply on the site of a scheduled monument.

Prior approval is proposed for certain development affecting conservation areas, World Heritage Sites, registered parks, gardens and battlefields, protected wrecks and listed buildings or their curtilage. Other statutory consents would continue to apply. Local planning authorities would also retain the ability to consider an Article 4 Direction where the legal tests are met.

 

Nothing has changed yet

 

The scale of the proposal is significant, but it remains a consultation proposal. No new GPDO class has yet been created and the Government has not published its final response.

We will update our GPDO guidance when the final position is known.

 

Read the consultation

 

You can read the full MHCLG consultation on GOV.UK.

 

 

Environment delivery plans published: 21st August 2026

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