Low-risk activities to be exempted from environmental permit application process in bid to speed up construction of housing and infrastructure

In an announcement made yesterday (27 October), Environment Minister Emma Hardy said the Environment Agency will be “empowered” to consider which activities should be exempt from requiring an environmental permit, making the permitting regime “quicker, more flexible and proportionate” for low-risk activities.

Currently, certain activities - such as site investigation works, the storage of waste materials and drainage operations – are required to acquire environmental permits before they can begin, even though many of these activities pose only “minimal risk”, the Government claimed.

However, new changes to the permitting system will mean these activities will be exempted from the permit application process, “subject to appropriate controls”.

This means that projects such as solar and onshore windfarms, that do not require ongoing operational permits, will be able to be constructed without the need for any environmental permits, where the right conditions apply.

The Government noted: “For example, an onshore wind farm that might currently require a permit covering multiple activities such as channelling and discharge of uncontaminated water (e.g. rainwater), storage of inert waste materials, preparing platforms for cranes and the installation of temporary floodwater barriers, may not require any permit at all if it meets the appropriate controls and conditions needed to uphold environmental protections.”

Some low-risk temporary activities undertaken by individuals and SMEs (e.g. certain flood risk activities on farms) will also no longer require a permit, where appropriate conditions are met.

According to the Government, this could save £360 based on the average permit cost, and reduce delays caused by waiting for permits to be issued.

As part of the announcement, the Department for Environment, Food and Rural affairs confirmed there will be safeguards in place “to ensure that decisions do not come at the expense of the environment”.

It added: “The objectives already in the regulations will still apply, so exemptions will include appropriate controls and conditions needed to uphold environmental protections. The Environment Agency will be required to consult on any proposed exemptions, based on transparent assessments of risk.”

Environment Minister Emma Hardy said: “We are committed to ensuring that environmental regulation works for everyone – protecting our towns and countryside from harm and delivering sustainable development.

“As part of the Plan for Change, a common-sense approach to environmental permitting in England will boost economic growth and unleash an era of building, while also keeping people and the environment safe.”

The Environment Agency’s Chief Regulator, Jo Nettleton, said: “Protecting the environment and sustainable development can and must go hand-in-hand. We welcome the Government’s efforts to drive economic growth through a more proportionate permitting regime.

“We have engaged closely with the consultation on reforms to environmental permitting, and look forward to continuing our work as a fair and proportionate regulator for people and the environment while supporting business and sustainable economic growth.”

According to the Government, legislation will be brought forward as soon as parliamentary time allows.

Lottie Winson