Badger Trust warns new UK Planning Bill puts badgers & habitats at risk.

Badger Trust is concerned about the proposed Planning and Infrastructure Bill (P&I bill) and its impact on badger populations. The current planning system does not do enough to protect badgers and their habitats, and we fear that the proposed changes will cause further harm and suffering. Any changes to the planning system need to strengthen environmental protections, not weaken them further. 

The recent anti-nature rhetoric of the government has blamed nature for ‘slowing down’ and ‘costing up’ infrastructure and development projects, with emotive statements from the Prime Minister and Deputy Prime Minister incorrectly blaming protected species for obstructing the planning system. The bill aims to ‘remove unnecessary blockers’ to address this, but the government maintains that changes would not undermine their commitments to meet nature-based targets. 

We are not impressed by the ‘blame game’ approach that once again frames badgers, or any protected species, as a problem. The approach is frustratingly similar to how bovine TB (bTB) in cattle has been blamed on badgers, overlooking the major factors contributing to the spread of the disease. It is unreasonable to believe that native wildlife is responsible for successive governments’ failure to provide enough housing to meet the needs of the British public.

What does the P&I bill entail?

The bill is set to be the most significant change to the planning system in decades, and many conservationists, ecologists and nature-lovers have been largely left in the dark as to what these changes will mean specifically for protected species like badgers. 

The key change in the new bill is the creation of Environmental Delivery Plans (EDPs) and the establishment of a Nature Restoration Fund. Natural England will assess proposed developments to identify any environmental features, such as badgers, that could be affected. For each identified feature, an EDP will be created, outlining the potential impact of the development. Developers will have the option to pay a Nature Restoration Levy, the amount of which will be set by Natural England. Once this levy is paid, any protected species licences required for the development will be ‘treated as having been granted’. If no EDP is created or if the developer opts not to pay the levy, the current process of applying for a licence will remain in place.

There is still considerable uncertainty as to how this system would be implemented for badgers. It is not clear how Natural England will be determining which environmental features are present on a proposed development site, and therefore which licenses would be needed – will this be through ecological surveying, using information available in biodiversity record centres, or through assumptions based on habitat and terrain? 

Restoration is not an immediate solution 

While in theory, pooling contributions from developers to fund larger environmental interventions could present an opportunity for positive, large-scale nature interventions, Badger Trust is concerned that badgers will not benefit from this system. Badgers living in, or foraging around, a proposed development site cannot wait for new nature reserves or restoration areas to be established. 

Habitats that have supported wildlife for centuries are crucial for biodiversity, carbon sequestration, and the overall health and well-being of people and animals. Once these habitats are destroyed, they cannot be replaced with just a few seeds and shrubs.

Proposed changes to the Protection of Badgers Act 

Arguably more concerning than the proposed changes to the planning system are the proposed amendments to the Protection of Badgers Act (POBA), which expand the circumstances under which licences can be granted to kill, take or disturb badgers.

Presently, section 10 of the POBA allows licences to be granted to interfere with badger setts for the purpose of development (Section 10(1)(d)). The new bill proposes changing this clause to explicitly allow the killing or taking of badgers, as well as interfering with setts, for the purpose of development. Additionally, new amendments will enable the killing or taking of badgers, or sett interference, “for the purpose of preserving public health or safety or for reasons of overriding public interest”. 

Badger Trust is deeply concerned that these changes could set a dangerous precedent, potentially paving the way for widespread badger culling or translocation under the guise of development and infrastructure projects. Such measures risk undermining badger conservation efforts and may lead to severe consequences for local populations.

Mixed messages from the government

In July 2024, a joint letter from Angela Raynor (Deputy Prime Minister and Secretary of State for Housing, Communities and Local Government) and Steve Reed (Secretary of State for Environment, Food and Rural Affairs) stated, “We are determined to transform the system to ensure a win-win for house building and nature.” In line with this, we have been collaborating with government officials to find practical, evidence-based solutions to improve planning.

However, the proposed Planning and Infrastructure Reform bill, unrelated to the joint statement, instead portrays wildlife as an obstacle, which we believe is both reckless and unnecessary. It is disappointing that the Deputy Prime Minister’s statement is misleading and compromises nature.

In their letter, the Deputy PM and Environment Minister claim that ‘The bill will not reduce the level of environmental protection provided by any existing environmental law.’ Yet, the details of the bill released so far suggest otherwise. 

The real problem is not wildlife protection but poor integration of nature in initial planning stages, and weak enforcement. For example, in recent years, we have seen habitats for numerous species being destroyed for construction projects, often with inadequate measures to mitigate the impact on local wildlife. This demonstrates that effective planning and enforcement are necessary to protect our environment rather than dismantling existing protections. Good planning protects nature while allowing for development – eliminating guidelines and by-passing legislation designed to safeguard protected species will only lead to confusion and increased delays.

Badger Trust Chief Executive Nigel Palmer said: “The belief that cutting environmental protections will accelerate development is misleading. While deregulation may offer short-term advantages for some developers, what are the long-term costs? “

The government appears determined to sacrifice the natural world unnecessarily to win short-term gains. As a naturalist and broadcaster, Chris Packham said in his People’s Manifesto for Wildlife, “I believe conservation policies should be informed by sound science and fact but also motivated by the desire to be kinder and fairer to the living world. Lobbying from vested interest groups working to discredit such facts should be terminated immediately.”

A final message from our Chief Executive, Nigel Palmer: “The planning reform issue could have a devastating impact on badgers. Their population has already been significantly reduced in many parts of the country due to badger culls, and further pressures from developers could decimate the remaining badger populations. This situation could also put the government in violation of the Bern Convention on protected species.

We urge our supporters and everyone who cares about nature and wildlife to unite and express your concerns about the proposals in the Bill to your Member of Parliament.”

The bill is currently progressing through parliament, having had a second reading and is now at the committee stage. Badger Trust is submitting evidence to the Public Bill Committee in the hope that they will put nature first and ensure that badgers can persist in the British countryside.  

What can you do? 

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