The government’s plans to make housing development easier by scrapping nutrient neutrality regulations have been quashed. Despite the good intentions, these crucial amendments to the Levelling Up and Regeneration Bill did not garner enough support in House of Lords and have not been included in the Bill.
The government’s planned reforms aimed to bring much-needed certainty to local authorities, communities, and developers. The reforms would have made specific changes to housing development laws, particularly in areas affected by nutrient neutrality. The change was intended to enable smooth housing development while addressing environmental concerns related to nutrient pollution.
Nutrient neutrality and its impact on housing delivery – as well as the broader need to restore our waterways – remain high on the government’s agenda. The government will provide further updates on the way forward soon.
For now, it’s crucial to maintain planning decisions based on the existing legal framework in affected areas. This means local authorities and developers should aim to move forward with projects where mitigation measures are available.
Natural England will continue to implement the current Nutrient Mitigation Scheme as directed by the Environment Secretary. Details about the government’s plans to support mitigation schemes led by local authorities and private organisations, including steps regarding the DLUHC’s Local Nutrient Mitigation Fund, will be revealed soon.
Certain aspects, such as the new duty for water companies to upgrade wastewater treatment works by 2030 in designated areas, will remain part of the Levelling Up and Regeneration Bill. Developers and local authorities will need to consider these upgrades when assessing projects under the Habitats Regulations. This will ultimately reduce nutrient mitigation costs.
The Bill is now nearing its final stages in the House of Lords, and the government aims to secure Royal Assent before the King’s Speech on 7 November 2023.