Episode
What is really wrong with the Habitats Regulations?
- Podcast
- 50 Shades of Planning
- Published
- Apr 18, 2026
- Duration seconds
- 4088
- Processing state
not_requested
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Summary
DEFRA recently launched a consultation on significant changes to it’s guidance on how Habitat Regulations Assessments should be carried out, which comes at an interesting time. It is, firstly, not long since DEFRA announced that Natural England and the Environment Agency have been given a new mandate to “prioritise outcomes over process” and “speed up decision-making while maintaining high environmental standards”. Secondly, Part 3 of the Planning & Infrastructure Act is in the process of being rolled out. Thirdly, it comes shortly after MHCLG’s announcement of an intention to transition from Environmental Impact Assessments to Environmental Outcomes Reports within the next year. As it so happens, five people with expertise in this area kindly accepted an invitation from Sam Stafford to convene online just last month to discuss these very themes. Those five people are old friends of the podcast Nina Pindham and Julian Arthur and new friends of the podcast Charlie Banner , Sally Hayns and Sam Dumitriu . Listeners will hear them talk about bat tunnels and fish discos; Environmental Delivery Plans (EDPs) and the Nature Restoration Fund (NRF); capacity, competence and confidence; and the precautionary principle. Regular listeners will know that Sam would usually wait until the end of the episode to flag the links to background reading that he includes in the description, but he thought that it might be helpful to highlight a couple at the start. EDPs, the NRF and the precautionary principle are terms that most planners are probably familiar with. There is though also mention of ‘People over Wind’, an EU Court of Justice ruling of relevance to the Habitats Directive, and to the Fingleton Review, which was a report on speeding up nuclear delivery by an independent Nuclea…