“The proposed legal change would have involved establishing a duty to give priority to climate change mitigation and adaptation in the assessment of a planning application, so that climate change would be prioritized over other considerations in the planning application process.” - Dr Samuel Ruiz-Tagle

Although these amendments were not debated fully in the House of Commons, the House of Lords showed greater interest. The debates in the Lords highlighted not only how planning decisions could provide important consideration for the implications and impacts of climate change , but also for that of biodiversity. The House of Lords proposed a wider amendment that would have given the Secretary of State, as well as Local Planning Authorities, a duty to give ‘special regard’ to climate change mitigation (reduction of greenhouse gas emissions) and adaptation (measures to adapt to the impacts of climate change) considerations, including environmental and climate targets.

Not all the proposed amendments made it into the final Act. The explicit connection between the planning system, the net zero transition and biodiversity loss was not included, nor was the legal statutory duty for planning decisions. However, a more general duty to consider climate change was conceded by the Government. This will operate primarily through the new National Development Management Policies (NDMPs), which will be designated by the Secretary of State. These are completely new policies, that will be a direct result of the new Act.

Specifically, in section 94 of the Act, a new duty is introduced which requires the Secretary of State for Levelling Up, Housing and Communities to consider climate change mitigation and adaptation implications and measures when preparing and modifying the NDMPs. The NDMPs will then have to be considered by local authorities when they are reviewing planning applications.

“In a way this is a really positive step because we know these new policies are going to occupy a really important place in planning, which is a good thing. And that's why this is a step in the right direction. However, it really depends on how these policies in the end are drafted” - Dr Samuel Ruiz-Tagle

The Government has conducted a consultation on its approach to preparing the NDMPs earlier this year, where it also sought views on the approach to carbon assessments and the role that planning can play in supporting climate adaptation preparedness. Another consultation on the Government’s proposals for the draft NDMPs will be conducted in 2024.

Within the new Act, the Government decided not to include statutory duties for climate and nature-related considerations for local planners and planning decisions because of the risk of litigation within the planning process itself. One of the Government’s, and the Act’s, main focuses continues to be on streamlining the planning process. The addition of more statutory duties, in the Government’s view, could slow this process or create new barriers. Going forward, Dr Ruiz-Tagle still believes that there are further issues to be addressed. He believes directly linking individual planning decisions with Net Zero targets would have the largest impact.

At this stage it’s hard to quantify the concrete level of impact these new NDMPs will have on local authorities and the built environment sector as the precise scope and content of these policies is not yet known. Whilst it’s impossible to speculate on these issues, they will have a key role in planning decisions because NDMPs will have to be taken into account during the planning process and will include climate-related aspects.

“Local authorities will have to continue to do what they can. Some of them will be more interested than others in addressing climate issues, potentially creating frameworks to deliver locally determined contributions towards national climate commitments. Hopefully, we will see more climate action at the local level.” - Dr Samuel Ruiz-Tagle

For further information see:

• the full Levelling Up and Regeneration Act

• CCE’s Expert Briefing on proposed climate amendments to the Levelling Up and Regeneration Bill

• CCE’s written evidence to the House of Commons and House of Lords