Gove to remove nutrient neutrality rules in bid to speed construction of new homes
The Government has announced it will remove "defective" nutrient neutrality laws it claims are responsible for delaying the construction of more than 100,000 homes.
Levelling Up Secretary Michael Gove said the requirement will be removed via an amendment to the Levelling Up and Regeneration Bill, which is currently in the House of Lords.
The current EU-derived regulations have required Natural England to issue guidance to 62 local authority areas that new development must be 'nutrient neutral' in their area, including Somerset, Norfolk, Teesside, Kent, Wiltshire and the Solent.
The amendment, introduced today (29 August), will remove this requirement, "allowing Natural England greater freedom to develop catchment-specific solutions to the causes of nutrient pollution in partnership with each community, supported by government and private investment", the Government announcement stated.
New environmental measures are to be introduced alongside the removal of nutrient neutrality rules, including expanding investment in and evolving the 'Nutrient Mitigation Scheme' (NMS), Natural England's scheme that allows developers to buy credits to offset nutrient pollution from housing development.
The Government also intends to work with the housebuilding industry to ensure that larger developers make an appropriate and fair contribution to this scheme over the coming years. It is discussing the structure and approach with the Home Builders Federation.
The Government will then accelerate work on full site restoration through further work on new Protected Site Strategies, which Natural England will draw up in partnership with local communities to set protected sites on the path to recovery in the most affected catchments with the highest housing demand.
Commenting on the reforms, Michael Gove said: "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 multi-billion 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."
He added that DLUHC will work closely with environmental agencies and councils as it delivers the changes.
The Government's announcement also details further environmental commitments, including:
- Committing to further work on developing Protected Sites Strategies in the catchments most impacted by nutrient neutrality and with the most acute housing pressures. These plans will identify specific actions needed to restore habitats and species in specific areas. "The aim is to agree and implement tangible actions to reduce pollution at source, through nature-based solutions such as wetlands and new innovations," the announcement said.
- Reducing nutrients entering the water from new development with new laws expected to drive "significant investment" from water companies to upgrade wastewater treatment works to the highest technical standards by 2030.
- Conducting at least 4,000 inspections on farms each year – making sure that slurry and other sources of nutrients are being handled in a way that minimises pollution of the water environment.
- Reducing nutrient runoff into rivers from farms – supporting farmers by investing £200m in grants for improved slurry storage infrastructure and precision spreading equipment. This makes a further £166m available for new investment into slurry infrastructure, according to the Government.
- Investing £25m to drive innovation to help farmers manage plant and soil nutrients.
- Introducing from 2024 payment premiums into environmental land management schemes.
- Publishing a River Wye action plan this Autumn.
- Ensuring new homes built do not place undue stress on already stressed local water networks by consulting this year on new requirements where needed for Sustainable Drainage Solutions to reduce pressure on storm overflows from new homes and flood risk.
The Local Government Association (LGA) raised concerns that nutrient neutrality rules were hindering housebuilding in March of this year. At that time, the LGA predicted that the construction of 20,000 homes was being held back as a result of the requirements.
Craig Bennett, chief executive of The Wildlife Trusts, said the reform goes against promises made by the Government not to lower environmental protections or standards.
“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.”
Meanwhile, the District Council Network welcomed the news, noting that nutrient neutrality rules reduced the number of affordable homes and increased the cost of new homes for buyers in some council areas.
Cllr Sam Chapman-Allen, Chairman of the District Councils’ Network, welcomed the news: “Today’s action to tackle the unintended impact of nutrient neutrality rules on local housebuilding is excellent news for district councils. It will unblock tens of thousands of much needed new and affordable homes for more than forty of our member councils. It is good for local residents and good for local jobs.
"The District Councils’ Network has been calling for the Government to act to take the burden of cleaning up our rivers away from councils. We are pleased that it has listened and found a solution that includes substantial new funding to address the underlying pollution problem. We call on parliament to pass the legislation that will make this a reality.”
Cllr Darren Rodwell, environment spokesperson for the Local Government Association, also welcomed the law change, stating: “Thousands of new homes are on hold due to river pollution and water level concerns so we are pleased that the Government has acted on our calls for urgent action and funding to address pollution at source.
“However, short-term local solutions are still needed to address environmental concerns about river pollution. Councils are calling for a doubling down on long-term action to protect rivers by focusing reducing pollution at source.
“Councils want to work together with government, agencies, developers and the agricultural sector to find ways address pollution locally so homes can be built, while doing everything possible to reduce pollution at source and maintain safe water level.”
Adam Carey
