Environmental news update - 2 August

Welcome to the latest edition of our weekly Environment Law news update. As ever, we bring you developments, insights, and analysis in the world of environmental law.

NEWS ROUND UP

Proposed environmental changes in the NPPF

The proposed changes to the NPPF cover not only planning matters, but also deal with important environmental issues such as renewables, low carbon energy, water, NSIPS and development in the green belt.

Claire Petricca-Riding, Head of our Planning and Environment Team, and Elizabeth Mutter, solicitor of the Planning and Environment Team, discuss these issues in their article “The NPPF, Renewable Energy and the Environment”. The full article is available here.

Please contact Claire Petricca-Riding if you would like to discuss any issues relating to the proposed changes to the NPPF.

Great British Energy launched, and partnership announced with the Crown Estate

The Government recently launched Great British Energy (“GBE”), which will support the government’s pledge to make Britain a “clean energy superpower” by doubling onshore wind, tripling solar power and quadrupling offshore wind by 2030.

GBE’s bill and GBE’s founding statement where published on 25 July 2025.

The primary focus of GBE will be on investing in clean power projects, with the ultimate goal of transforming the UK into a clean energy superpower. This mission will be delivered through the following 5 functions.

1. Project investment and ownership: The organization will invest in and own clean power generation assets, focusing on emerging technologies like floating wind and carbon capture.
2. Supporting Project Development: In partnership with the Crown Estate, GBE will assist with land assessments, environmental surveys, planning consent, and grid connections, enabling the private sector to concentrate on construction.
3. Local Power Plan: This initiative aims to develop small- and medium-scale renewable projects, such as onshore wind and solar, at the local level to reduce the strain on national energy transmission.
4. Supply Chain Enhancement: The goal is to strengthen the UK’s supply chain so that key clean energy projects are built using domestic manufacturing and resources.
5. Collaboration with Great British Nuclear: GBE will explore ways to work with Great British Nuclear, established in March 2023, to provide the expertise and skills needed for the government’s nuclear program.

Labour had originally proposed GBE to be a “publicly-owned clean power company”. However, in its current version, GBE will not generate its own electricity and will operate as a publicly owned company dedicated to investing in green energy.

A new partnership was also announced between GBE and the Crown Estate. This collaboration aims to leverage up to £60 billion ($77.1 billion) of private investment, marking a substantial step forward in the nation’s clean energy ambitions.

One of the key components of this partnership is the development of offshore wind energy. The plan is to develop 20-30GW of new offshore wind capacity by 2030. This target is expected to power nearly 20 million homes, significantly contributing to the UK’s renewable energy capacity and reducing carbon emissions.

The collaboration between GBE and the Crown Estate is not just about meeting energy demands but also about fostering economic growth, as the private investment is anticipated to create job opportunities and stimulate economic activity in the renewable energy sector.

This initiative aligns with the UK’s broader environmental goals, including achieving net-zero carbon emissions by 2050.

Preserving Peat: How Flow Country’s UNESCO Status Champions Climate Change Mitigation 

In a landmark decision by UNESCO at the 46^th session of the World Heritage Committee, Scotland’s Flow Country, has been designated as a World Heritage Site. This vast expanse of peatland spanning approximately 1,500 square miles across Caithness and Sutherland is now recognised globally for its ecological significance and its critical role in carbon storage.

Flow Country, renowned as the largest area of blanket bog in the world, stands out for its unique ecosystem and biodiversity. It supports a variety of wetland and moorland species, including notable birds like the red-throated diver and the golden eagle, making it a haven for wildlife enthusiasts and conservationists alike. The site’s new status marks it as the UK’s 35^th UNESCO World Heritage Site and notably, the first peatland worldwide to receive such recognition.

This recognition comes after a dedicated 40-year campaign by environmentalists, highlighting the area’s crucial role in combating climate change. Peatlands like Flow Country are essential as they store significant amounts of carbon, with estimates suggesting around 400 million tonnes are locked within this bog. The UNESCO designation highlights the global importance of preserving such ecosystems especially considering on-going climate challenges.

Flow Country’s inclusion in the list of protected sites places it alongside other majestic natural wonders such as the Grand Canyon and the Great Barrier Reef. It is also the first natural site in Scotland to gain such status joining other cultural landscapes such as the Forth Bridge and St Kilda. The designation is expected to enhance conservation efforts and boost local employment through green jobs particularly in landscape restoration and conservation.

Scottish and UK government officials have lauded the designation emphasising the Flow Country’s vital role in environmental sustainability and its contribution to Scotland’s natural heritage. 

The site’s recognition is not only a win for environmental conservation, but also for the local communities involved in its stewardship. According to Graham Neville of NatureScot, this global acknowledgment will foster a deeper understanding and appreciation of Scotland’s peatlands, promoting their value as biodiverse habitats and crucial carbon sinks.

As the world grapples with climate change the inclusion of the Flow Country in UNESO’s list demonstrates the global recognition of peatlands as critical ecosystems in our fight against climate change.

From wildlife haven to illegal landfill: Farmer to pay over £340,000

Cornwall farmer, William Salmon, had pleaded guilty to two charges of depositing waste on land he owned near Newquay and has received a £340,000 penalty. The disused quarry, which had become a wildlife haven and long-established badger sett, was used by Salmon as an illegal landfill.

The farmer had registered a U1 exemption to create a track across his land to the disused quarry. This allowed for the use of specific, limited materials in construction of the track and waste transfer notes show around 1,200 tonnes of waste brick and concrete were used for the track. 

However, Environment Agency officers later found Salmon had infilled the quarry with construction and demolition waste and destroyed the habitat that had developed there. He initially argued the waste had come from his own farm and he did not realise any permission or paperwork was needed for this, but the Environment Agency identified the waste as being from a nearby housing development, which Salmon had been paid to take away. 

In Truro Crown Court, Salmon was ordered to pay:

• a £4,000 fine;
• £17,500 in costs; 
• a £72,200.95 proceeds of crime confiscation order; and
• approximately £250,000 in unpaid landfill tax to HMRC. 

Judge Carr said to Salmon: 

“You took a deliberate decision to use a disused quarry to deposit waste in breach of the environmental permitting regime.

When you were spoken to by the Environment Agency about the waste, you lied. The Environment Agency’s investigation into your finances opened a Pandora’s box.

Once you have misled a government agency, do not be surprised if they look under every rock. You have learned an extremely expensive lesson by breaching the environmental regime.”

A call for action tackling deforestation and packaging 

Retail giants are urging DEFRA to provide new legislation to tackle deforestation in commodity supply chains and business clarity on packaging sustainability policies. 

In a bold move, ten of the UK’s largest supermarkets, alongside the British Retail Consortium, have united to urge Environment Secretary Steve Reed to rapidly enact new legislation aimed at combating illegal deforestation in supply chains. This group, known as the Retail Soy Group (“RSG”), is pushing for immediate action to protect our planet’s precious forests.

The urgency of this call is underscored by alarming statistics from WWF, which reveal a 15-fold increase in soy production since the 1950s. This surge was led by the need to feed for more livestock and produce biodiesel and has caused significant deforestation in biodiverse regions like US and South America, including Brazil’s Cerrado. The UK’s previous government had pledged to address this issue through the 2021 Environment Act by introducing “comply or explain”. However, the progress has been stalled by political upheavals, such as the changing of Prime Ministers, letting eight million hectares of primary forest to be lost globally between 2021 and 2023. 

The RSG’s open letter to Steve Reed emphasizes the need for clarity and implementation of the legislation, pushing for this to be done within 100 days. The signatories include the British Retail Consortium, Aldi GB, Asda, Co-operative Food, Lidl GB, Marks & Spencer, Morrisons, Ocado, Sainsbury’s, Tesco, Waitrose and 3Keel.

They advocate for alignment with the EU’s Regulation on Deforestation-Free Products, set to take effect on 30 December. They wish to ensure that the UK does not become a dumping ground for deforestation-linked commodities. 

Simultaneously, the UK Government faces pressure to revive long-delayed packaging waste policies, such as regular food waste collections from all homes, new Extended Producer Responsibility regimes and a UK wide deposit return scheme for drinks packaging. These were also pushed back due to the political instabilities particularly since 2018. Environmental campaigners and cross-party policymakers are calling on the new government to prioritise the Deposit return scheme for drinks packaging and put it in place by 2027. This scheme aims to cover all packaging sizes and materials, including glass, to promote recycling and reduce waste.

The RSG and environmental campaigners are urging the new Labour Government to seize this opportunity to create a deforestation-free food system and a robust recycling framework. 

Government announces initial steps towards water sector reform 

The new Secretary of State for Environment Food and Rural Affairs, Steve Reed, recently made several announcements in respect of water industry reform, aimed at reducing illegal sewage dumping, seeking investment from the private sector for investment to upgrade infrastructure, and securing the interests of customers and the environment. 

The following measures were outlined by the SoS following an agreement reached between the Government and Ofwat: 

• Funding for vital investment infrastructure will be ringfenced solely for upgrades which benefits the customers and the environment. Any money in this pot which is not spend will be refunded for customers as opposed to be diverted for bonuses, dividends or salaries;
• Water Companies are set to change their Articles of Association to make the interests of customers and the environment a primary objective;
• Introduction of customer panels, which will grant consumers new powers to summon board members in order to hold water company executives to account, and;
• Widen the circumstances when customers are legally entitled to compensation when basic water services are affected along with increase the amount of compensation they are entitled too in these circumstances. This sum is set to be doubled subject to the outcome of a consultation. 

The SoS has also announced that further steps for reform are set to be outlined in due course, including measures to restore rivers, lakes, and seas.