What is really wrong with the Habitats Regulations?

What is really wrong with the Habitats Regulations?

Author: Samuel Stafford April 18, 2026 Duration: 1:08:08

DEFRA recently launched a consultation on significant changes to it’s guidance on how Habitat Regulations Assessments should be carried out, which comes at an interesting time.

It is, firstly, not long since DEFRA announced that Natural England and the Environment Agency have been given a new mandate to “prioritise outcomes over process” and “speed up decision-making while maintaining high environmental standards”. Secondly, Part 3 of the Planning & Infrastructure Act is in the process of being rolled out. Thirdly, it comes shortly after MHCLG’s announcement of an intention to transition from Environmental Impact Assessments to Environmental Outcomes Reports within the next year.

As it so happens, five people with expertise in this area kindly accepted an invitation from Sam Stafford to convene online just last month to discuss these very themes. Those five people are old friends of the podcast Nina Pindham and Julian Arthur and new friends of the podcast Charlie Banner, Sally Hayns and Sam Dumitriu.

Listeners will hear them talk about bat tunnels and fish discos; Environmental Delivery Plans (EDPs) and the Nature Restoration Fund (NRF); capacity, competence and confidence; and the precautionary principle.

Regular listeners will know that Sam would usually wait until the end of the episode to flag the links to background reading that he includes in the description, but he thought that it might be helpful to highlight a couple at the start. EDPs, the NRF and the precautionary principle are terms that most planners are probably familiar with. There is though also mention of ‘People over Wind’, an EU Court of Justice ruling of relevance to the Habitats Directive, and to the Fingleton Review, which was a report on speeding up nuclear delivery by an independent Nuclear Regulatory Taskforce led by John Fingleton. If, like Sam, listeners are less familiar with those terms then links about them might be of interest before pressing play.

Some accompanying reading.

Meanwhile, at DEFRA: Changes to Habitats Regulations Assessments Guidance proposed

‘People Over Wind’ ruling blows a hole in the habitats regulations

Overhaul of nuclear system to speed up building and cut costs

What's really wrong with the Habitats Regulations?

Build the Rail! Save the Snails!

Picking Up The Bill: What Are We Now Thinking About Part 3?

Public Sector RTPI Survey

Private Sector RTPI Survey

Some accompanying listening.

Habitat – Mos Def

Any other business.

If you enjoy the episode do please consider bolstering Sam's fragile self-esteem by leaving the podcast a nice rating and a nice review wherever you listened to it. Obviously though if you have not enjoyed it then please do not leave a review, but do please feel free to let Sam know why (via samstafford@hotmail.com). Feedback on 50 Shades episodes is always welcome.

If you have enjoyed to the extent that you feel compelled to share the podcast on one your social platforms then, if you tag Sam, you will be entitled to an exclusive and much-sought after 50 Shades of Planning mug.

If you are a new listener do please check out the back catalogue where you will find episodes on myriad planning topics, as well as the Hitting The High Notes and All Around the World series, and remember that by subscribing new episodes will magically appear in your phone as soon as Sam has published them.

50 Shades of Planning is the podcast by planners and for planners and so if you would like to use it as a platform for sharing anything you think that the sector needs to be talking about then you are also very welcome to get in touch with Sam.

Sam is grateful to RichboroughTown Legal and Tyler Grange for supporting the podcast; to Vistry for sponsoring the 50 Shades mugs; and to Adrian Meehan for recording and editing this episode.


Samuel Stafford hosts 50 Shades of Planning, a podcast that digs into the often perplexing world of the English planning system. Rather than offering dry policy lectures, these conversations embrace the sector's inherent complexities and occasional absurdities. The aim is to provide a wide-ranging view, bringing in diverse voices from across the fields of planning, property, design, and development. You'll hear from practitioners, thinkers, and critics, each sharing their unique experiences and perspectives on how places are shaped. A recurring series within the podcast, titled 'Hitting The High Notes', features in-depth discussions with leading figures, examining pivotal career moments and influential projects. These talks are structured around six key planning milestones, offering a concrete framework for understanding professional journeys and systemic challenges. By weaving together themes from government, business, arts, and social sciences, this podcast reveals how planning sits at a crowded intersection of politics, economics, and community life. Tune in for thoughtful, sometimes surprising, explorations of the forces that decide what gets built, where, and why.
Author: Language: English Episodes: 100

50 Shades of Planning
Podcast Episodes
Some Things Just Take Time [not-audio_url] [/not-audio_url]

Duration: 1:00:24
Sam Stafford was in London recently and took the opportunity to catch up with old friends of the podcast Mike Kiely, Annie Gingell, Andrew Taylor and Iain Thomson, and new friend of the podcast Claire Tester. In a conver…
New Towns: Practicalities & Placemaking [not-audio_url] [/not-audio_url]

Duration: 48:18
New Towns are back in the news because the Government has announced the first formal step in creating the next generation of them with the launch of a public consultation on the draft New Towns Programme and its environm…
All Around the World - The Netherlands [not-audio_url] [/not-audio_url]

Duration: 49:40
This is the third of a series of episodes being led by the oldest friend of the podcast, Paul Smith. Paul put it to Sam Stafford that debates about the planning system in England tend, for the most part, to focus solely…
Appeal Ready [not-audio_url] [/not-audio_url]

Duration: 41:44
Sam Stafford was in Manchester last week and took the opportunity to catch up with friends of the podcast Lisa Tye, Andrew Johnston and Louise Fountain to discuss some of the issues of the day. In a conversation recorded…
Hitting the High Notes - Catriona Riddell [not-audio_url] [/not-audio_url]

Duration: 1:22:25
Strategic planning, as Sam Stafford said in the introduction to episode number 157, is back. That episode looked at what shape it is in right now. What have authorities been able to do whilst awaiting the consolidation o…
We❤️Planning [not-audio_url] [/not-audio_url]

Duration: 1:00:31
Sam Stafford was in Birmingham recently and took the opportunity to record the first ‘catch up’-style episode with some of his friends working in the West Midlands. In a conversation recorded at PodHaus studios, Kathryn…
How Does Bad Policy Get Made? [not-audio_url] [/not-audio_url]

Duration: 1:07:34
In October 2025 Sam Stafford came across a blog by Jack Airey, who is now a Director at Public First but was the Head of Planning at Policy Exchange and subsequently spent a few years inside Number 10 as a Special Adviso…
The Return of Strategic Planning [not-audio_url] [/not-audio_url]

Duration: 58:29
Strategic planning is back. What do we know? We know that Policy PM1 of the revised draft NPPF anticipates the move towards national coverage of Spatial Development Strategies (SDSs), as promised by the end of the parlia…
🏆The #Planoraks Awards 2025🏆 [not-audio_url] [/not-audio_url]

Duration: 1:22:58
This is the second of Sam Stafford's seasonal offerings which serve as a review of another exciting year in the fast-paced, ever-changing, rock and roll world of town and country planning. Once again Zack Simons kindly b…
🎅🏻The 50 Shades of Planning Festive Christmas Quiz🎄 [not-audio_url] [/not-audio_url]

Duration: 1:33:17
This episode sees the return of the 50 Shades of Planning Festive Christmas Quiz. Sam Stafford got together with friends of podcast Mike Kiely, Catriona Riddell, Annie Gingell, Andrew Taylor, Nicola Gooch, Shelly Rouse,…