5 facts: what the National Parks duty means for planning

Published: 14 October 2025

The huge outpouring of support for our National Parks in response to recent threats to their protection has been truly heart-warming to experience.  It seems that the immediate threat has now gone away. 

The proponents of growth at any cost have been quick to react, often playing fast and loose with the facts in their rush to suggest the new Protected Landscapes duty will block development and lead to a rise in energy bills. It’s falsehoods like these that led to calls for this important new duty to be scrapped before it’s even had a chance to demonstrate its value and now it’s time to put the record straight. 

Here are five key facts about what the new duty means for planning decisions which show just how wrong some of the myths being peddled are. 

Fact 1: The new duty will not make it harder to get planning permission in Protected Landscapes

One key conclusion from the court cases was that the duty fits well with existing planning decision-making processes as it is essentially consistent with the National Planning Policy Framework (NPPF) wording on Protected Landscapes which highlights that “great weight” should be given to their protected status. The new duty does not require those making planning decisions to go beyond what they are already required to do in order to comply with this long-established policy. 

Fact 2: The new duty provides greater certainty than the one it replaced.

The previous duty “to have regard” to National Park purposes was very vague and far too open to misinterpretation. There is more clarity about the new “seek to further” duty as a result of the recent legal cases and the official Government guidance, which provides details on who the new requirements apply to and what they must do. This provides greater certainty about what is expected of them for those who must comply with the duty, and means there are less likely to be costly and frustrating delays late on in the development process in future.  

Fact 3: National Parks are not off-limits for renewable energy infrastructure.

National Parks are already home to numerous small-scale renewable energy solutions that are designed to take account of the additional protections which apply in these areas such as appropriately scaled and located wind turbines and solar arrays. National Parks also play another vital role in mitigating climate change as they are generally rich in peat, trees and other vegetation, all of which can act as major carbon sinks, when properly care for. 

Fact 4: Now that precedents have been set, there will be little need for further legal challenges

Over the last year there have been a number of legal test cases relating to the use of the new duty, but there are likely to be far fewer such cases in future as the duty becomes more established and is considered from the outset in the development of plans and proposals which are affected by it. It is not unusual to see new legislative requirements tested in the courts, particularly in situations like this where there are no other equivalent duties in place already. The judgements from these cases include some important conclusions which will establish a precedent for how the duty is used in future,  

Fact 5: Confirmation that the duty is here to stay would help speed up planning decisions

What all those affected by the duty really need is certainty that it is here to stay so they can develop future plans which allow for effective implementation. Removing or amending the duty, just as awareness of it, and compliance with it, is starting to rise, would cause further uncertainty and delays, wasting time, effort and resources. Government must remove any further uncertainty by stating clearly their intention to retain the duty, and their commitment to securing effective implementation. 

Implemented effectively, this important new duty could be a real force for good, avoiding harm to the environment, and helping to support the kind of healthy economic growth that’s essential for people and planet. To support that implementation, we’ve produced this detailed briefing.