Lords thwart plan to axe nutrient neutrality rules by voting down amendment

The House of Lords has voted to block an amendment to the Levelling Up and Regeneration Bill (LURB) that would have seen the end of nutrient neutrality rules.

The decision was taken by peers yesterday (13 September) during a debate on LURB.  

The Government will not be able to re-introduce the amendment to the LURB as the bill is at the report stage. It will have to therefore introduce fresh legislation in order to implement plans to scrap nutrient neutrality. 

Announcing the amendment late last month, Levelling Up Secretary Michael Gove hailed the reform as an opportunity to get rid of "defective" nutrient neutrality laws that were delaying the construction of more than 100,000 homes.

However, the announcement was controversial and was criticised by the Office for Environmental Protection, which argued the amendment would be a "regression in law".

The EU-derived regulations have required Natural England to issue guidance to 62 local authorities that new development must be 'nutrient neutral' in their area, including Somerset, Norfolk, Teesside, Kent, Wiltshire and the Solent.

Amendment 247YYA would have required a competent authority to make a reasonable assumption for relevant developments that nutrients from that development will not adversely affect the integrity of the site.

In the Lords, Baroness Scott of Bybrook, the junior minister who was defending the amendment, said the assumption council would have to make under the amendment were "reasonable for two reasons".

"First, this assumption is limited to the development where the wastewater is treated by a wastewater treatment works or private treatment system regulated under the environmental permitting regulations.

“Secondly, the mitigations that we are putting in place will ensure that there are no additional nutrient loads from residential development.”

The vote saw 203 peers vote against the amendment and 156 vote for.

Commenting on the defeat, Gove claimed Labour had sought to "end the dream of homeownership for thousands of families".

In response to the vote, the Shadow Levelling Up Secretary, Angela Rayner, said the move "demonstrates our commitment to serious reform of nutrient neutrality rules".

She added: "It's time to build a consensus for a credible alternative based on evidence, and not at the expense of our rivers."

Adam Carey