More than 5,000 of the rarest and most precious natural habitats in England are at risk of being destroyed under Labour’s new planning bill, according to legal analysis of the legislation.
Here are just 10 irreplaceable wild places currently or recently imperilled by development that are likely to face renewed threats if the current wildlife protections are torn up by the government’s bill.
1. Lodge Hill, Kent – the best place for nightingales in Britain
The best site in Britain for the endangered nightingale, Lodge Hill was made a site of special scientific interest (SSSI) in 2013. But the following year it was earmarked for 5,000 new homes – the biggest attempt to build on an SSSI in England since the wildlife laws of 1981 came into force.
After widespread protests from ecologists and nature charities, Homes England withdrew its plans and said it would develop just 500 houses on the former MoD land, outside the SSSI.
The scrubby, song-filled paradise of dense woodland and grassland is renowned for its bat roosts, exceptional reptile population, rare butterflies, flowers and three species of owl. But in an area under huge housing pressure, the site that was once used for bomb disposal training and is classified as “brownfield” is likely to be targeted for development once more.
2. Tipner West, Portsmouth – internationally important tidal wetland
The mudflats and coastal meadows of Tipner West are an internationally important place for waders such as black-tailed godwit and dunlin, as well as a wealth of intertidal marine life. As part of Portsmouth harbour and the wider Solent, it is home to 30% of Britain’s overwintering population of brent geese. The area is protected not only as a SSSI but also a special protection area (SPA) and Ramsar site – the highest tier of protection.
However, in 2019, Portsmouth city council proposed a “super peninsula” on the site – a large-scale land reclamation project for housing that would have destroyed vast swathes of habitat. After 24,000 people objected, the council withdrew that plan but has continued to push for land reclamation and housebuilding that jeopardises vital intertidal habitats.
Under current laws, SPAs and Ramsar sites can be built on only if there are “imperative reasons of overriding public interest” and no feasible alternatives. If building went ahead, the council would also have to create new mudflats and coastal meadows on a significantly greater scale than the area damaged. Such a high bar has never been hurdled by mere housing, and this spring the government rejected the council’s request. The council is now exploring how it can continue its development plans.
Sources say housing minister Matthew Pennycook is interested in Tipner West being one of the first developments to happen if the planning bill goes through, when the council will be able to pay into a nature restoration fund and no longer obliged to provide alternative habitats nearby.
3. Humber estuary, Yorkshire – vast home to nine internationally important bird species
The Humber estuary has almost every conservation protection going – SPA, SAC, SSSI – while also being a major shipping channel. Remarkably, it’s also responsible for 20% of all surface drainage in the UK. The habitats regulations have helped protect its natural functioning for decades, ensuring that docks expansions and sea defence projects don’t destroy vital mudflats, sand flats and salt marsh for overwintering birds and declining breeding species such as little terns. Spurn Point, Yorkshire’s own Land’s End, is a hugely popular national nature reserve whose visitors contribute to the local economy.
Planning reforms could disrupt the partnership between port, business and housing interests that has enabled economic development alongside wildlife protection. Further south, the similarly important Wash estuary is threatened by a tidal barrage proposal which says it has funding to pursue a development consent order.
4. Thetford, Norfolk – unique heathland, rich in birds, flowers and invertebrates
Thetford, a rapidly growing town of 25,000 with a 5,000-home urban extension under way, is surrounded by SSSIs, special areas of conservation (SACs) and the Brecks SPA. This unique region of sandy heaths and dry grassland is home to 72 species found nowhere else in Britain. It is of European-wide importance for rare plants, invertebrates and birds including curlew, nightjar, woodlark and stone curlew. Rare and declining species here include turtle dove, goshawk, long-eared owl and lesser spotted woodpecker.
Birds such as nightjar and woodlark occur at lower densities in areas surrounded by housing, while heaths close to urban areas suffer from increased fire risk, trampling, disturbance by dog walkers, water pollution from dog fouling, and air pollution from road traffic. At the moment, there are protection zones for the stone curlews with no development permitted within 1,500m of a nesting site. Thanks partly to this protection, populations have increased.
Under the new planning bill, however, developers can disregard such protections if they pay into a new nature restoration fund. An ecological assessment of Thetford’s local plan said “the proximity of the Breckland European site’s boundary to the edge of the town in most directions remains a fundamental issue to overcome” before further homes can be built.
5. Wolborough Fen, Devon – an ancient wetland and urban oasis
A vulnerable wetland SSSI, the Wolborough Fen nature reserve is home to emperor dragonfly, sphagnum moss and 30 species of bird. It sits beside a major development of 1,200 new homes on the edge of Newton Abbot, which is earmarked to take a huge chunk of new homes planned for the region. Devon Wildlife Trust has warned a new road could jeopardise the wetland. A tranche of the development, for 150 homes, was rejected by planners in December because of concerns about damage to the wetland.
Police were called in April when residents accused developer Vistry Homes of breaching the restrictions on its planning approvals. Local people blocked the bulldozers digging close to the nature reserve and the council issued a stop notice to halt the work. Kate Van Dike of Wolborough Residents Association and campaign group Newton Says No said: “There was no feeling of trespass, just a united sense of [people] having the courage of their convictions.
“The residents will continue to highlight unlawful acts by developers and call out any abdication of responsibility from the local planning authority who have a fundamental duty to protect an ancient and precious woodland, a hidden gem that is rare in the UK, with some species that can be found in only a few other sites in Europe.”
6. Sittingbourne, Kent – irreplaceable ancient woodlands
Just 2.5% of Britain’s ancient woodland – land continuously wooded since 1600 – survives. It represents an irreplaceable combination of veteran trees, undisturbed soils, fungal networks and rare flora. Two separate applications by Quinn Estates for 8,400 new homes, a hotel, rubbish tip, relief road and primary and secondary schools are subject to a planning hearing after Angela Rayner, the deputy prime minister, “called in” proposals hours before they were set to be rejected by Swale borough council last November.
According to Kent Wildlife Trust and the Woodland Trust, the plans entail the direct loss of ancient woodland, local wildlife sites and priority habitats including species-rich hedgerows and traditional Kentish orchards. The developments will also place indirect pressure – from pollution and people – on nearby Cromers Wood and Tonge Mill country park.
Vulnerable species that would be directly affected include water vole, otter, yellowhammer, corn bunting, grey partridge and the critically endangered turtle dove. More than 700 local people have objected to the plans, which could sail through under the new legislation.
7. Surrey Heaths – home to rare ground-nesting birds
Vast swathes of nature-rich heathland have been lost to housing over recent decades, because it is relatively cheap land and easy to build on. The surviving fragments of the Surrey Heaths – including Colony Bog and Bagshot Heath, Ash to Brookwood Heaths and Chobham Common – have historically been protected as SSSIs. They are part of the Thames Basin SPA, protected by the habitats regulations, which seeks to maintain internationally important bird populations of nightjar, woodlark and Dartford warbler. All of these species nest on or close to the ground and so are highly vulnerable to people-pressure, especially from dog – walkers.
Under current planning laws, new homes close to vulnerable wildlife sites must provide suitable natural green space nearby so new residents don’t disturb those sites. Under the new bill, developers will be able to pay to create such green spaces further away – potentially in other counties. Even if wildlife sites are not built on, this risks creating more disturbance leading to local extinctions of vulnerable species.
Becky Pullinger, head of land use planning at the Wildlife Trusts, said: “Places like the New Forest and the Surrey Heaths could be threatened by development that no longer has to avoid harm to those specific sites. On the Surrey Heaths, the clear impact the development can have is more people walking their dogs which can impact on birds in the area.
8. Dibden Bay, Hampshire – important wetland for wildfowl and invertebrates
Plans to hugely expand Southampton’s container port and reclaim land on the New Forest side of Southampton Water were first rejected back in 2004. Doubling the capacity of the port would destroy grazing marshes and mudflats that provide nesting for lapwing and winter homes for 50,000 birds such as wigeon and pintail.
The area is an SPA and contains several SSSIs, with Dibden Bay designated for its nationally important collection of invertebrates including 21 nationally rare species. The plans for a 1.85km-long deep quay would have destroyed 76 hectares (188 acres) of tidal foreshore designated as of international importance for birds. Associated roads would also threaten the New Forest national park.
After being called in by the government, the then transport minister, Tony McNulty, accepted the planning inspector’s recommendation to reject the proposals after a 13-month inquiry. In 2023, owners Associated British Ports refused to rule out another attempt to develop the 500-acre site but said any new planning application was “many years away”. Under the new bill, mitigating for irreparable damage to protected sites caused by major infrastructure would become much simpler, making schemes such as Dibden Bay much more viable.
9. Wensum Woodlands, Norfolk – site of a super-colony of barbastelle bats
A mosaic of woodlands that is home to a super-colony of rare barbastelle bats, the Wensum Woodlands has long been threatened by a 3.8-mile dual carriageway that would complete a third ring-road around Norwich. A series of connected colonies, including one of more than 105 barbastelles, live either on the route or close to the proposed road. The area is being considered for designation as a SSSI by Natural England, which has previously designated sites with just 20 or 30 colonies.
In 2023, the government committed to paying for 80% of the road scheme, but cash-strapped Norfolk county council announced this year that Natural England’s advice on the wildlife impacts meant it could not proceed with the £274m road, and withdrew its application. Landowners and developers have strongly pushed for the road, which they say will “unlock” land for businesses and housing. The planning and infrastructure bill is likely to revive many such “zombie” road projects.
10. Swanscombe Peninsula, Kent – a globally important place for rare invertebrates
Earlier this year, Keir Starmer claimed that plans for 15,000 new homes in Ebbsfleet had been stymied by the discovery of the rare distinguished jumping spider, and blocked by Natural England. “It’s nonsense, and we’ll stop it,” said the prime minister. In fact, the prime minister was talking nonsense: the vast majority of the 15,000 homes are being built, but 1,300 homes planned for Swanscombe Peninsula have been blocked. The peninsula – a portion of land on the fringe of the Ebbsfleet garden city project – was designated a SSSI by Natural England in 2021 because of its globally important collection of rare invertebrates.
Nearly 2,000 species have been found at Swanscombe, making it one of the most biodiverse places in Britain. The existing planning regime has enabled a compromise, with thousands of new homes being built and the relatively modest SSSI protected. Under the planning bill, even SSSIs could be built upon in exchange for developers paying into the nature restoration fund, administered by Natural England which is both the executor and beneficiary of such schemes.
