DEVASSIST: Seven Key Takeaways from the Government’s Latest Planning Bill Amendments

Recently, the government introduced a new set of amendments to the Planning and Infrastructure Bill, refining how planning permissions, environmental protections, and nationally significant projects are handled.

Here’s a summary of the seven most significant updates and what they could mean for the planning system.

Ministers could block councils from refusing applications during call-in considerations

The first amendment would give the Secretary of State the power to issue what are being described as “holding directions.” These would prevent local planning authorities from refusing an application while the government decides whether to call it in for its own determination.

Currently, local authorities are only restricted from approving applications under consideration for call-in. The change would therefore extend ministerial control, pausing both approvals and refusals during this assessment period. The government argues this will avoid premature local decisions on schemes that may warrant national scrutiny.

Developers may gain extra time to start work when permissions are under legal challenge

Another key amendment aims to give developers more breathing space when planning consents become tied up in the courts.

Under the proposal, applicants would receive an additional year to commence development if their consent is subject to a High Court challenge. A further year would be added if the case proceeds to the Court of Appeal, and a third if it reaches the Supreme Court.

This measure is designed to avoid penalising applicants whose schemes are delayed by ongoing litigation – an increasingly common issue for large-scale or controversial projects.

3. Natural England’s workload could be streamlined to focus on higher-risk cases

The government also wants to reform the development management role of Natural England, its statutory nature conservation adviser.

The proposed change would allow the body to choose which local authority consultations it responds to, prioritising applications that pose greater environmental risk or present stronger opportunities for nature recovery.

Ministers say this would free up resources and ensure the organisation’s expertise is directed where it can make the most difference, rather than being stretched across minor or low-impact cases.

Natural England would be required to consult with Scottish and Welsh bodies on cross-border sites

Where sites fall close to devolved borders, the government intends to formalise cross-national consultation.

Under the proposed amendment, Natural England would need to consult its equivalents in Wales or Scotland, along with the relevant devolved ministers, if a draft Environmental Delivery Plan (EDP) relates to development in England that could affect a protected site across the border or in adjacent waters.

The change reflects the growing emphasis on ecosystem-based planning and coordinated management of environmental impacts that cross administrative boundaries.

The Nature Restoration Fund could be expanded to cover marine development

The government’s Nature Restoration Fund (NRF), originally designed to support terrestrial habitat improvement, may soon extend to coastal and marine environments.

The proposed amendment would allow the NRF to be used “to support the delivery of marine development,” helping to secure better outcomes for marine habitats while enabling the construction of key coastal infrastructure projects.

According to the government, this expansion would align environmental funding with the broader goal of sustainable “blue economy” growth.

The Energy Secretary would gain new regulatory powers over wind farm planning near defence systems

A further amendment focuses on defence-related planning controls. It would empower the Secretary of State for Energy Security and Net Zero to make regulations governing permissions for wind-generating stations whose turbines could interfere with defence seismic array systems currently in use.

These arrays, which detect seismic and acoustic activity, are part of the national defence infrastructure. The proposed power would enable the government to set specific conditions or restrictions for wind farm developments that might affect their operation.

New provisions aim to accelerate approval of large reservoir projects

Finally, one amendment targets delays in the approval of major water infrastructure. It proposes that non-water sector companies could develop large reservoirs automatically treated as Nationally Significant Infrastructure Projects (NSIPs).

This would bring them within the Development Consent Order (DCO) regime, streamlining the approval process in the same way as other strategic infrastructure such as energy and transport schemes. The government says this change will help “speed up” reservoir delivery and boost long-term water resilience.