Member

295A: Clause 62, page 97, line 19, at end insert— “(5A) A report under subsection (1)(a) (midpoint report) must also include an assessment of whether the EDP is likely to pass the overall improvement test.(5B) A report under subsection (1)(b) (final report) must also include—(a) an assessment of whether the EDP has passed the overall improvement test, and(b) if the assessment is that the EDP has not passed the test, the extent to which the conservation measures have failed to outweigh the negative effect of the EDP development as mentioned in section 60(4).(5C) A report under subsection (2) (revocation report) must also include—(a) an assessment of whether the EDP would be likely to pass the overall improvement test if it were not being revoked, but reading section 60 as if—(i) the reference in subsection (4) to the conservation measures were a reference to the conservation measures that have been or will be taken despite the EDP’s revocation (but not including any measures taken by way of remedial action under section (Remedial action by Secretary of State where EDP ends or is revoked)(4));(ii) the reference in subsection (5) to the maximum amount of development to which the EDP may apply were a reference to all of the development in respect of which a developer has paid or will pay the nature restoration levy despite the EDP’s revocation;(b) if the assessment is that the EDP would be unlikely to pass the test, the extent to which those conservation measures are likely to fail to outweigh the negative effect of that development.”Member's explanatory statement This amendment would require Natural England to include more detail in its reports about the effect of any conservation measures that have been implemented.