EDPs and the NRL: What’s on the horizon?

Having passed into law with much fanfare (and no small amount of controversy) at the end of last year, the Planning and Infrastructure Act 2025 (“PIA 2025”) has fallen away from the headlines. Despite this, there is much more to come, and developers, landowners and other key stakeholders need to keep watch for further information and announcements that have been flagged for the Spring and Summer.

What’s changing?

The implementation of Part 3 of the PIA 2025 will lead to a significant change in the way that environmental mitigations are dealt with as part of the planning application process, removing the direct link between a development and its environmental impacts and mitigations. This will be achieved through the creation and implementation of Environmental Delivery Plans (“EDPs”), through which developers will be able to address the impacts on specific environmental features adversely affected by a development proposal through the payment of a levy, (the Nature Restoration Levy (“NRL”)).  This will take the burden of sourcing and arranging such environmental mitigations away from developers, with Natural England absorbing that responsibility as part of the process of delivering conservation measures agreed within EDPs.
 
In most cases, the payment of the Levy will be optional however, where the Levy is not paid developers will remain responsible for sourcing and agreeing their own environmental mitigations.

What do we know so far?

At this stage, information is relatively sparse. 
 
In a letter of 19 December 2025, the CEO gave notice to the Secretary of State of Natural England’s intention to commence work on 23 EDPs; with 16 of these to relate to nutrient pollution[1] and the remaining seven to relate to Great Crested Newts. An indicative timetable has also been published, with several key milestones pencilled in for Spring and Summer of this year, including:
 

• Secondary legislation for the Nature Restoration Levy being laid before Parliament.
• Formal consultations on the first nutrient pollution EDPs commencing.
• The first EDPs going live, following completion of consultation and Secretary of State approval.

These steps will be supported by other key measures including the issue of draft guidance for users, providers and regulators and the publication of guidance and introduction of support and skills training for LPAs and developers.  
 
To date, none of the steps pencilled for spring or summer have been announced, but with Spring having sprung, all stakeholders should stay alert for announcements.    
 
As always, Birketts will be keeping an eye on key announcements, and we will be here to support you through the changes as and when they happen.

[1] Peak District Dales SAC; Poole Harbour SPA/Ramsar; River Avon SAC; River Axe SAC; River Camel SAC; River Clun SAC; River Eden SAC; River Kent SAC; River Lambourn SAC; River Lugg SAC; River Mease SAC; Solent SAC/SPA/Ramsar (including River Itchen SAC); Somerset Levels & Moors Ramsar; Stodmarsh SAC/Ramsar; Teesmouth & Cleveland Coast SPA/Ramsar; The Broads SAC/Ramsar (including River Wensum SAC)