The Government is scrapping nutrient neutrality legislation to boost housebuilding – but experts say UK rivers would be at increased risk of pollution
Nutrient neutrality rules are to be the latest casualty in the Government’s attempt to boost housebuilding, despite frantic warnings from environmental experts that it would increase water pollution in the UK’s already contaminated rivers.
Housing secretary Michael Gove and Environment secretary Thérèse Coffey announced the decision yesterday(29 August 2023) , as well as millions of pounds of funding to address the impact on England’s waterways.
England’s rivers have some protection under the Habitats Regulations
Originally put in place by the EU in 2017 to prevent algae and other plants from overwhelming aquatic life, nutrient neutrality laws require that builders mitigate nutrient loads caused by new developments, usually by creating a buffer zone along rivers by planting trees or investing in new wetlands, onsite or within the same catchment area.
Developers have argued that the nutrient neutrality rules unfairly impede housebuilding with excessive cost and project delays- and that farmlands are equally, if not more so, responsible for pollution and water-run off.
A scheme allowing builders to buy credits to mitigate this impact in 2022 led to mixed results.
Yesterday’s announcement includes £166m to farmers and water companies for slurry infrastructure grants, as well as doubling investment in the nutrient mitigation scheme run by Natural England to £280m to aid builders in reducing the water pollution impact of developments.
The government acknowledged the pressures on UK rivers and waterways and said that discussions were underway with the Home Builders Federation on how to proceed in the coming years.
Housing secretary Michael Gove said on scrapping nutrient neutrality:
“We are committed to building the homes this country needs and to enhancing our environment. The way EU rules have been applied has held us back. These changes will provide a multibillion-pound boost for the UK economy and see us build more than 100,000 new homes.
“Protecting the environment is paramount which is why the measures we’re announcing today will allow us to go further to protect and restore our precious waterways whilst still building the much-needed homes this country needs.
“We will work closely with environmental agencies and councils as we deliver these changes.”
Environment secretary Therese Coffey added:
“These new plans will cut nutrients and help support England’s precious habitats whilst unlocking the new homes that local communities need.
“We are going to tackle the key causes of nutrients at source with over £200m of funding to reduce run-off from agriculture and plans to upgrade waste water treatment works through conventional upgrades, catchment approaches and nature-based solutions.
“This builds on the key commitments made in our five-year strategy – our Environmental Improvement Plan – as well as our Plan for Water which brings forward more investment, stronger regulation and tougher enforcement to protect our rivers.”
Prime minister Rishi Sunak said that “We are taking strong steps to protect our environment, reduce our emissions but do that in a proportionate and pragmatic way that protects families too.”
Despite EU origins, nutrient neutrality has become part of English law
Although the government is swift to refer to nutrient neutrality rules as an EU holdover, legally there is some precedent for the legislation being cemented into English law.
Ben Sharples, partner in UK law firm Michelmores’ Agriculture team, observed that:
“The proposed amendments to the Levelling Up Bill will make changes to the Habitats Regulations so that nutrient pollution from housing developments will no longer be part of the planning process.
“It seems that the Government’s intention is that an appropriate assessment under the EU Habitats Directive will no longer be required.
“If that is right, then any proposed legislation will have to reverse the current position established in C G Fry v Secretary of State [2023] where the High Court determined that the relevant provisions of the Habitats Directive remain part of UK law. This is because of the basis on which we left the EU as set out in the European Union (Withdrawal) Act 2018.
“The Government suggest a variety of ways to tackle the problem including Natural England’s Nutrient Mitigation Scheme and the use of catchment scale schemes so there seems there will still be a role for landowners in providing solutions if the amendments become law.”
Housebuilders welcomed the move
Sam Rees, senior public affairs officer at RICS, said the changes to nutrient neutrality rules: “RICS welcomes greater clarity, which this amendment in the Levelling-Up Bill provides and should help tackle planning backlogs – something RICS members have repeatedly referenced as a barrier in creating new homes. Overcoming these existing bottlenecks is crucial for meeting housebuilding targets, although we recognise that this cannot come at the detriment of the environment.
“The UK needs further investment towards mitigation and treatment works in our waterways, as well as a push to build greener, more energy-efficient homes that significantly limits resulting pollution.”
But environmental voices were strongly opposed
Craig Bennett, chief executive of The Wildlife Trusts, said, “In May, June and July, the Government made promises to the British people and to Parliament that they would not lower environmental protections or standards. But just a few weeks later they are planning to do precisely the opposite. They lied – this is a disgraceful move which undermines public trust in this Government.
“Make no mistake – this is a license from the Government for the commercial housebuilding lobby to profit from the pollution of our rivers. Vague offers of money as compensation are not the same as a legislative requirement – and even the existing rules are extremely modest.
“The UK is ranked as one of the worst countries in Europe for water quality and the public are rightly outraged at our rivers being used as open sewers by water companies. Scrapping the rules that are merely trying to stop rivers becoming even more polluted will allow vested interests to make more money at the expense of our rivers and the natural environment.
“The Government has made repeated pledges that they won’t weaken environmental standards and committed just 8 months ago to halve nutrient pollution by the end of the decade. This is another broken promise and makes clear that the Prime Minister would rather look after the interests of developers than the environment – money talks.
“These rules are about preventing pollution, not housing. Piling on pollution from developers into rivers already suffocating from poo and agriculture pollution, will only mean greater pressure is put on farmers to make bigger and faster cuts to nutrient pollution.”
“Cutting corners” rather than updating infrastructure
Doug Parr, policy director at Greenpeace UK, said to the Guardian: “Who would look at our sickly, sewage-infested rivers and conclude that what they need is weaker pollution rules?
“Instead of allowing housebuilders to cut corners, the Sunak administration should make sure we have the right infrastructure to handle our sewage so we can build new homes without sacrificing our rivers’ health.”
The sooner we get rid of this government the better. The inability to protect our environment being yet another failing. All the protective structures to prevent the ruination of our environment are either being removed or not provided. The nhs, schools, railways are being dismantled. Everything that was built to make a fairer society had or is being dismantled.