Member

346DA: After Clause 87, insert the following new Clause— “Development for reasons of national security or energy security in the absence of an EDP(1) The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012) are amended as follows.(2) In regulation 64 (Considerations of overriding public interest), at end insert—“(7) In paragraph (1), “imperative reasons of overriding public interest” may include a situation where—(a) the Secretary of State considers that the development is necessary—(i) for reasons of national security, or(ii) in relation to the generation and conveyance of low carbon electricity, energy and security, and(b) no environmental delivery plan under the Planning and Infrastructure Act 2025 applies to the plan or project(8) In paragraph (1), “no alternative solutions” should be read to mean no alternative solution which can be delivered whilst maintaining reasonable development costs.(9) “Low carbon electricity generation” has the meaning given in section 6(3) of the Energy Act 2013 (Regulations to encourage low carbon electricity generation).”(3) In regulation 68 (Compensatory measures), at end insert—“(2) The Secretary of State may disapply this regulation where—(a) the appropriate authority commits to alternative compensatory environmental measures, and(b) the Secretary of State considers these measures—(i) have a higher environmental value than any compensation measures which would be necessary to meet the requirements of this regulation, or(ii) are necessary to maintain reasonable development costs.(3) Within six months of the day on which the Planning and Infrastructure Act 2025 is passed, the Secretary of State may publish guidance setting out how reasonable development costs are to be assessed in relation to this regulation.””