Update

R11Amend Habitats Regulations
Risk
Government Response: Habitats Regulations — mostly guidance, limited legislation

The Government is taking forward this recommendation through a combination of legislative and non-legislative measures, but is only legislating for one element: allowing mitigation to be considered at an earlier stage of the HRA process. The remaining four changes recommended by the Taskforce (removing need to prove a negative, redefining compensatory measures, establishing de minimis thresholds, and preventing duplicative HRA assessments) will be addressed through guidance only. The critical question is whether this guidance will have statutory underpinning — without it, the changes are vulnerable to legal challenge under retained EU law, which was a key reason the Taskforce recommended legislative reform in the first place.

govt_response
Source: Policy PaperDESNZ, March 2026

Impact on Overall Status

Status changed to: Clarification Needed
Confidence changed to: low
Only one of five elements being legislated; guidance-only approach for remainder raises legal robustness concerns.
Recommendation Context
Chapter: Chapter 7: Environmental Assessments & Permitting
Owner: DEFRA
Current Status: Clarification Needed
View full recommendation

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Government Response: Habitats Regulations — mostly guidance, limited legislation | R11 | Nuclear Taskforce Tracker