Today, the Government has published its ‘plan to overhaul nuclear system will speed up building, strengthen national and energy security, and cut costs’. There have been signs for some months that the Government would use the opportunity to deregulate and replace some of the laws that protect nature. Indeed, the Prime Minister had enthusiastically embraced the idea originally, saying: “…in addition to accepting the Fingleton recommendations… I am asking the Business Secretary to apply these lessons across the entire industrial strategy.” 

The Government has pulled back, for now, from a wholesale legal weakening of the Habitats Regulations which protect nature sites and will not now remove the legal duty that helps National Park and National Landscape authorities to protect landscapes – both would have had devastating consequences for what remains of the natural world.  

However, deep concerns remain around the implementation of new guidance and consequent risks to nature. Although guidance is proposed in place of legal changes for most of the Habitat Regulation recommendations, there will still be some legislative changes. 

Buried in the response, the Government writes: “We will also legislate so that mitigation can, where appropriate, be considered at an earlier stage of the HRA process.” And later: “For Defence Nuclear, we will go even further.”* This means that Government still intends to introduce legislation that may affect nature protection. 

Joan Edwards, director of policy & public affairs at The Wildlife Trusts, says: 

“The UK Government has seen sense and stepped away from proposals for a calamitous new planning bill designed to pave over our natural world. Ministers have understood that ripping up the laws which protect the wild places people love is a short-cut to environmental, economic and political disaster.   

“We are, however, still a long way from the Government’s election promise to halt and reverse the nature crisis. The changes announced today build on last year’s planning changes to apply the rules in a way that could damage precious woodlands, meadows and estuaries. Ministers must stop this dangerous tinkering with vital environmental protections and follow the evidence which shows that we cannot help nature recover without maintaining protections for the ever-diminishing amount of natural wild places we have left.  

“The public is clear that they want to see the Government focus on the increasingly urgent challenge of fixing nature, before it is too late. A happier, healthier and more secure future for everyone depends on it.”