OEP seeks evidence of regulatory and practical blockers delaying nature recovery measures in England

The Office for Environmental Protection (OEP) has issued a call for evidence asking for examples of practical or regulatory barriers getting in the way of measures to protect and improve nature.

Professor Robbie McDonald, the OEP’s Chief Scientist, said: “We want to help identify practical opportunities for landowners and occupiers in England to go further and go faster for nature. We want to support regulators and government to focus on the outcomes sought for nature recovery, and to tackle the barriers that may be preventing or slowing action towards those goals.

“We are looking for examples of real or perceived regulatory and other blockers that people have experienced getting in the way of work to improve the environment across land, freshwater and coastal areas. 

“We will consider the impact they are having on conservation efforts, particularly linked to achievement of environmental targets such as the wildlife-rich habitat target and the 30 by 30 commitments.

“We will seek to prioritise them by which would have the most impact if addressed, and identify practical opportunities to address these barriers. Ultimately, we want to work with others to find solutions, so that any blockages can be unblocked.”

The project is being undertaken as part of the OEP’s role in monitoring environmental law and in reporting on environmental progress. It also forms part of the OEP’s response to the Corry Review, which recognised the OEP’s important role in providing independent scrutiny of government action on the environment and encouraged a greater focus on outcomes for nature.

The call for evidence opens today (Monday, 19 October 2026) and will run until Monday, 14 December 2026. For more information on the call for evidence and how to respond. We welcome evidence from those with relevant practical experience, particularly people directly involved in delivering nature improvements on the ground.

For more information about the call for evidence and a response template, please see OEP launches call for evidence seeking examples of regulatory and practical blockers delaying nature recovery measures in England | Office for Environmental Protection. 

 

Notes
Corry Review
The Corry Review was an independent review of Defra’s regulatory landscape: Delivering economic growth and nature recovery: an independent review of Defra’s regulatory landscape - GOV.UK
Recommendation 19 states: The OEP must ensure its focus is on outcomes not just process. Consideration should be given as to how the OEP can increase focus on the outcomes that are desired and support regulators to take more risk to achieve those goals within the Government’s wider objectives.
 
Further detail on the OEP’s call for evidence
The OEP is seeking evidence of legal requirements, regulatory practices or established assumptions that prevent, delay or discourage action that would benefit nature. Blockers may relate to law, regulation and consenting, policy and guidance (including scheme rules), how requirements are interpreted and applied, or established practice. These blockers are often unintended or incidental, or may seem disproportionate. They can be actual, where a requirement does prevent or delay the work, or perceived, where people believe a requirement applies, or will be applied in a certain way, when it does not. Enablers are things that have helped, such as an exemption, clear guidance or a way of working, including solutions that have been found.
 
Examples
Restoring species-rich grassland
A landowner has funding to restore species-rich grassland on pasture that has not been ploughed for many years. The work involves harrowing the ground before sowing seed or spreading green hay, which can be treated as cultivation under the Environmental Impact Assessment (Agriculture) Regulations. Each project then needs screening, and the time and paperwork involved can discourage restoration at scale.
 
Creating a wildlife pond
A farmer wants to create a wildlife pond on a holding of under 5 hectares. On larger holdings, some ponds can be created under permitted development rights, but on smaller ones planning permission is usually needed. The time and cost of applying can put the farmer off altogether.
 
Managing road verges for wildflowers
A highway authority wants to remove cuttings after mowing road verges, as this lowers soil fertility over time and favours wildflowers. Once removed, the cuttings are usually classed as waste, so moving, storing or composting them requires waste registrations, permits or exemptions. The added cost and complexity can lead to cuttings being left on the verge instead.
 
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