Protected areas and species

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Protected Areas

Designated areas

Many areas with distinctive plants, animals, habitats, geology or landforms are protected at the international, European, national and local level. Some habitats have been identified as needing priority conservation action.

Site protection by designation is for the preservation and protection of valued species and habitats.

Sites can be designated under EU or national law and designation can be cumulative. EU designated sites are Special Protection Areas (SPAs) and Special Areas of Conservation (SACs) and form part of the Natura 2000 network. Sites which are protected at an international level include Ramsar

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Planning News

Welsh Government announces introduction of Planning (Wales) Bill to Senedd

The Welsh Government has introduced the Planning (Wales) Bill and the Planning (Consequential Provisions) (Wales) Bill to the Senedd. The Planning (Wales) Bill represents the first formal separation of Welsh and English planning law, consolidating and codifying legislation specifically for Wales. It aims to modernise the structure and language of planning law by enhancing legal clarity and usability without reforming the planning system itself. The Bill implements recommendations from the Law Commission's 'Planning Law in Wales' report and aligns with priorities set out in 'The future of Welsh law: A programme for 2021 to 2026'. The accompanying Planning (Consequential Provisions) (Wales) Bill makes the necessary amendments and repeals to existing legislation and includes transitional and savings provisions to support implementation of the main Bill.

High Court gives guidance on the new duty to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of AONB for planning authorities (CPRE Kent v SSHCLG)

Planning analysis: Section 85(A1) of the Countryside and Rights of Way Act 2000 (CRWA 2000) came into effect on 26 December 2023 following amendments to that Act made by section 245 of the Levelling-Up and Regeneration Act 2023 (LURA 2023). The provision requires relevant authorities to ‘seek to further the purpose of conserving and enhancing the natural beauty’ of Areas of Outstanding Natural Beauty (‘AONB’) when exercising functions affecting such land. This case concerned a challenge to the November 2024 decision of the Secretary of State for Housing, Communities and Local Government (‘the Secretary of State’) to grant planning permission for the construction of 165 dwellings and associated works in the High Weald AONB. The grounds of challenge were that the Secretary of State had breached the CRWA 2000, s 85(A1) duty (Ground 1) or alternatively, had given inadequate reasons for concluding that the duty had been complied with (Ground 2). The main issue for the High Court was whether the words ‘seek to further’ contained in the amended section 85(A1) duty had altered the substance of the duty so as to require a decision-maker to refuse planning permission for development if it is found that the proposal would cause harm to an AONB by failing to conserve or enhance its natural beauty. In dismissing the claim and upholding the Secretary of State’s decision, the judge provided guidance on the requirements of the CRWA 2000, s 85(A1) duty in the context of planning decisions affecting AONBs. Written by Max Millington, barrister at Cornerstone Barristers.

Article on consultation for streamlining infrastructure planning

Planning analysis: On 1 September 2025, the government launched a consultation seeking views on streamlining the Nationally Significant Infrastructure Project (NSIP) process. Building on previous reforms, it proposes wide-ranging changes to support the goal of consenting 150 infrastructure projects this term. Responses are invited by 27 October 2025. Key updates include guidance on pre-application engagement and acceptance now the requirements have changed. The role of statutory bodies is also under the microscope, with views sought on performance indicators and cost recovery guidance. It also addresses procedural challenges surrounding examination change requests, proposing flexibility for Examining Authorities, as well as greater flexibility for the fast-track and pre-application services to improve uptake. This article was written by Olivia Heininger, an associate at Burges Salmon in the Planning and Compulsory Purchase team.

Court underlines importance of procedural compliance in planning enforcement appeals (Herstmonceux Museum v SSCLG)

Planning analysis: In Herstmonceux Museum v SSCLG, the court held that challenges to enforcement appeal decisions involving a deemed planning application must proceed under section 289 of the Town and Country Planning Act 1990 (TCPA 1990), not section 288. It further confirmed that strict compliance with service and procedural requirements is essential, and failures within the 28-day limit are fatal to jurisdiction.