New Legislation – relating to the nature restoration levy (11/09/2026) …

The following 1 new Statutory Instrument (SI) came into force on 11/09/2026:

New Legislation:

  • September 2026: SI 2026 No. 1020 - The Nature Restoration Levy Regulations 2026 (pdf) (link).

Notes:

  • The "Explanatory Note" (link) at the end of the above SI 2026 No. 1020 includes the following information:
    - "These Regulations [SI 2026 No. 1020] set out how the nature restoration levy ("the levy") works under Part 3 of the Planning and Infrastructure Act 2025 (c. 34). Where an environmental delivery plan ("EDP") has been made under that Act, identifying possible negative impacts of development on the environment, the developer may ask Natural England for the developer to pay the levy. Payment of the levy results in certain environmental obligations being discharged, with the proceeds of the levy funding the conservation measures set out in the EDP.".
  • Note: Section 72 of the Planning and Infrastructure Act 2025 (link) describes the above "environmental obligations" (that are discharged) as follows:
    - "(4) Schedule 3 sets out how a commitment by a developer to pay the nature restoration levy in relation to a development results in—
    >>> (a) an environmental impact of development on a protected feature of a protected site being disregarded for the purposes of obligations under the Habitats Regulations 2017, the Wildlife and Countryside Act 1981 or the Marine and Coastal Access Act 2009;
    >>> (b) a developer being treated as having been granted a licence under regulation 55 of the Habitats Regulations 2017, section 16 of the Wildlife and Countryside Act 1981 or section 10 of the Protection of Badgers Act 1992"
    .
  • Note: Regulation 5 of the above SI 2026 No. 1020 includes the following requirement for LPAs:
    - "(1) A public authority granting planning permission for a relevant development must impose the condition of development specified in paragraph (4).".
    - [...]
    - "(4) The condition is that development must not begin before either
    >>> (a) liability to pay the levy is discharged, or
    >>> (b) if the levy is to be paid by instalments, liability to pay the first instalment is discharged.".

Other Sources of Information:

  • September 2026: "Explanatory Memorandum" to SI 2026 No. 1020 (pdf) (link).
  • September 2026: DEFRA / MHCLG / Natural England Guidance - Using the nature restoration levy (link).

Updates to the Planning Jungle website: