Proper implementation of duty will reduce expensive confusion and produce positive environmental outcomes
The Government has announced that it is taking forward the recommendations of the Nuclear Regulatory Review, aiming to speed up the delivery of nuclear and significant infrastructure – but has decided not to repeal the protected landscapes duty.
The protected landscapes duty has as-yet untapped potential. Properly implemented, it will rally public bodies to pull together to restore and improve the UK’s most cherished and valuable landscapes. It will support a flourishing ‘backbone’ of critical national infrastructure delivering outsized contributions towards Government’s environmental targets, including 30by30, the Environmental Improvement Plan, and access to nature for all.
We are very pleased that the duty has not been repealed, and we also welcome the recognition that relevant authorities must continue to seek to further the purposes of protected landscapes. We also acknowledge the subtle yet positive shift in narrative: the environment itself is not being seen explicitly as a blocker here.
However, we understand that the Government wants to legislate to ‘constrain’ the duty, by clarifying that developers of nationally significant infrastructure projects (NSIPs) will not be required to pay financial compensation to comply with the duty.
We are disappointed that the positive impact and potential of the duty is not yet being fully recognised. We also strive to remain evidence-based: it's clear that the duty supports well-planned development that reduces harm to nature and improves the UK’s iconic landscapes. There is no evidence that the duty has been a blocker for nuclear development or NSIPs – rather, it points to the lack of implementing guidance or regulations for the duty leading to confusion and delay.
We strongly support the existing duty, and the positive impact it is having in driving early, constructive alignment between the UK’s protected landscapes and public infrastructure developers. Championing the best planning and infrastructure decisions for the long-term means taking ambitious and forward-thinking steps now. We are looking forward to working with the Government to improve the implementation of the duty, to ensure that it unlocks the Government's own environmental outcomes and commitment to wilder, greener National Landscapes and National Parks.
