The Levelling up and Regeneration Bill is now reaching the closing stages of the Parliamentary process. It is a Christmas tree of a Bill, with all sorts of issues being attached to it. It would, and will, have significant impacts for nature particularly across England. Alongside other nature charities, the RSPB has been working hard to secure the best for nature from the Bill. So, how are things shaping-up for our natural environment? Carl Bunnage, RSPB Head of Nature Policy, England takes up the story ...
Drama at the eleventh hour
There has certainly been much drama in the final stages of this Bill. At the eleventh hour the Westminster Government tried to scrap ‘Nutrient Neutrality’ measures that protect our rivers and most special habitats from pollution. The proposals would have required planners to ignore pollution from new housing and bypass important nature conservation rules known as the Habitats Regulations. This could have destroyed the health and vitality of vulnerable rivers and wetlands. Thankfully, Peers from across all parties rejected these proposals and so these critical protections for nature remain in place.
Restoring nature in our most iconic landscapes
There have been other wins for nature too. For too long, many including the Westminster Government, have recognised that our National Parks and other Protected Landscapes are not able to deliver for nature as well as they might. Alongside others, the RSPB called for something to be done about this so that nature can thrive within these iconic landscapes.
We pushed for a specific new nature recovery purpose for our Protected Landscapes to be set out in law. Sadly, this was not supported, but all hasn’t been lost. The UK Government has instead committed to amend the Bill to require the authorities that manage these areas and other public bodies to further their existing purposes in their plans and projects, and these include their natural beauty and wildlife. We would of course liked the Bill to have gone further, but this is a significant step forward and should enable these areas to be better managed for nature in the years to come.
Local Nature Recovery
The RSPB also helped to ensure that vital new nature plans have the chance to make a difference for communities. The Government has introduced new Local Nature Recovery Strategies, and these are now starting to be prepared across England.
They are a fantastic idea, but the proposals are currently too weak to have impact. To make a difference, they need to really influence the Local Plans that shape how and where new development comes forward in the areas where we live. At first, the two things weren’t joined-up. But with leadership from Baroness Parminter, the Government has committed to amend the Bill so that Councils must ‘take account’ of their LNRS as they prepare their Local Plan. This may sound technical but if it means that nature will have more influence in local planning policy, and therefore what happens on our own doorsteps, then we’ll take it as a win!
Homes for swifts?
It hasn’t all been rosy though, and some of our proposals sadly weren’t supported. We worked with the fantastic Hannah Bourne-Taylor who has been campaigning to change the law so that new houses must contain swift bricks to provide much needed homes for these enigmatic birds. Together we were so nearly successful, but the Government has made a more general promise to explore how more nature-friendly development can be delivered through changes to national planning policy next year. A change in the law would be better but if not then we push for the policy changes to specifically include for swifts. Either way, we won’t give up and will continue working with Hannah to find the best possible ways to give swifts the homes that they so desperately need. Read more: https://www.rspb.org.uk/our-work/rspb-news/rspb-news-stories/swifts-back-in-the-houses-of-power--but-still-no-action/
And here’s the technical bit...
The Bill also contains proposals for the implementation of a completely new system of Environmental Assessment in England. Well understood existing systems would be swept away and replaced with a new system (called Environmental Outcome Reports) that haven’t been designed yet, let alone tested and proven to work at least as effectively as what we have now. This is the last thing that we need part way through this critical decade for nature’s recovery. The Bill grants the Government the powers to do all of this this without the level of scrutiny in Parliament on the detail that we think is needed. Whilst we weren’t able to secure this higher level of scrutiny, or to ensure legal certainty that the new system cannot result in less protection for nature than current systems do, we did secure two important wins.
Firstly, the Bill could have enabled the roll out of the new system to Scotland, Wales and Northern Ireland without the consent of the governments there. That is no longer the case, and their approval will now be needed reducing the potential immediate risks to nature in those areas.
Secondly (and this bit is technical!) we managed to ensure that it is written into law that if the new system is introduced, it looks first to see whether any harm to nature from a new development proposal could be avoided in the first place. This is important as the Bill would have had it look at whether it met certain government indicators or objectives first of all, and those haven’t even been drawn-up yet. This may seem dry, but it could make a huge difference as we would rather focus attention first and foremost on whether harm can be avoided to our precious wildlife in the first place!
Levelling Up for Nature?
So, have we managed to secure a Levelling up and Regeneration Bill that truly levels up for nature? We have certainly tried, and whilst we haven’t been able to get everything that nature needs, we have secured some significant wins that will make a positive difference for our precious wildlife.
The UK Government’s aim is for the Bill to became law by the end of the year. The Bill is currently in the House of Lords and will return to the Commons in mid-October for consideration. It may then ‘ping pong’ between the two until it is finally agreed and passed into law as an Act.
We are proud to have made a difference standing alongside other nature sector partners, and we thank MPs and Peers from all sides of the political spectrum, and in both Houses of Parliament, that have supported us and spoken-up for nature along the way.