Campaigners issue proceedings over ministerial claim Planning and Infrastructure Bill will not diminish environmental protections
A legal campaign group is threatening a judicial review unless the Secretary of State for Local Government corrects a statement she made in Parliament that suggested the Planning and Infrastructure Bill would not reduce environmental protections.
Wild Justice sent a pre-action protocol letter to the Secretary of State, Angela Rayner, calling for her to correct a statement made in Parliament that the bill would not reduce the current level of environmental protection in law.
The group pointed to advice it commissioned from two planning barristers, who concluded in a legal opinion that the bill would weaken the existing level of environmental protection.
The legal opinion said a key factor was the removal of the requirement to be sure beyond reasonable scientific doubt that development would not have a negative impact on a protected site and that, instead, developers would be allowed to pay into a levy scheme in an attempt to mitigate any environmental harm.
The opinion came as the Office for Environmental Protection described part of the bill as a "regression" last week.
In a letter to Secretary of State, the environmental watchdog said much of what the bill is seeking to achieve "would be beneficial", but raised fears about diminishing environmental protections.
It said: "As drafted, the provisions are a regression. This is particularly so for England's most important wildlife - those habitats and species protected under the Habitats Regulations."
Wild Justice's pre-action protocol letter calls on the Secretary of State to correct the parliamentary record to make clear that her statement about environmental protection in the bill was not correct.
The group warned it would bring a judicial review claim if this step is not taken.
Leigh Day partner Ricardo Gama, who represents Wild Justice, said: "The key thing for Wild Justice is that the Deputy Prime Minister has not been open and transparent about the fact that the Planning and Infrastructure Bill will weaken environmental protections in existing law.
"They say it is for MPs to decide whether the growth at all costs agenda which the government is pursuing is worth trashing hard fought environmental protections, but they can only do that if they clearly understand what the bill entails."
A spokesperson for the Ministry of Housing, Communities and Local Government declined to comment on the legal action.
However, the department said the Planning and Infrastructure Bill would “deliver a win-win for the economy and nature”.
It added: “We are introducing the Nature Restoration Fund to unblock the delivery of much-needed homes and infrastructure, funding large scale environmental improvements across whole communities, and introducing robust protections that will create only positive outcomes for the environment.”
Adam Carey
