Fighting off yet another threat to the Protected Landscape Duty

Published: 25 November 2025

Here we go again. Once more we find ourselves rushing to defend the new Protected Landscapes Duty against those wishing to see it removed or weakened. This latest threat comes in the form of the Nuclear Regulatory Review 25, a report commissioned by Government with the aim of speeding up the delivery of nuclear electricity infrastructure, and published Monday 24 November 2025.  

Alongside a number of other proposals aimed at reducing environmental safeguards in the planning system, is a recommendation to “remove or constrain” the duty on the erroneous basis that it is adding delays, and extra costs, to the Government’s ambition to increase the UK’s nuclear capacity. 

No justification

The independent Taskforce responsible for writing the Nuclear Regulatory Review haven’t provided any evidence to justify their assessment of the duty’s likely impact on the delivery of nuclear development. Nor do they explain where the idea that the duty is causing such problems comes from. It is notable that there is no mention of it in the interim report the Taskforce published in August which is based on responses to a call for evidence.  

The Taskforce suggest that the duty complicates matters as it overlaps with existing planning protections and they refer to the various legal challenges that have occurred since the duty was introduced. It’s not clear whether it’s a deliberate attempt to mislead, or just a lack of understanding, but they have also failed to take account of one of the key lessons from those court cases which is that the duty fits well with existing planning decision-making processes. In fact, the duty will not make it harder to get planning permission in Protected Landscapes, as these areas already benefit from the highest levels of planning protection. 

Getting the facts straight

The report even refers to the duty incorrectly as a “duty for local authorities to ‘seek and further’ national parks and landscapes”, suggesting the Taskforce have put very little time and effort in to properly understanding this important new duty and its implications. As we explained in a blog last month, there is no truth to many of the myths being peddled about the new duty. For example, there is actually more clarity about the interpretation of this duty than the one it replaced and there will be little need for further legal challenges, now that precedents have been set. 

We’ve seen off this threat before

This new duty has only been in place since late 2023 and was introduced following years of campaigning to secure better protections for these areas, and this latest attempt to get rid of it comes only weeks after we were last forced to rush to its defence following reports that the Government planned to use an amendment to the Planning and Infrastructure Bill to remove it.  

In a demonstration of just how much love for there is for our Protected Landscapes, within days we were able to bring together a coalition of over 200 charities, businesses, scientists and landscape experts to call on the Prime Minister not to proceed with this amendment. And we were delighted when Ministers then confirmed that they had no plans to repeal it.  

Together with key partners, we have written to Ministers today urging them to stand firm on that commitment and to provide a reassurance that they have absolutely no intention of weakening this vital legislation. We have also submitted a Freedom of Information request for the evidence base used to justify the recommendation to remove the duty. We will continue to do all we can to defend the duty.