Environmental news update - 11 Oct

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NEWS ROUND UP

Natural England reduces support for “low-risk” applications amid resource constraints 

Natural England, the UK’s advisor on the natural environment, has announced a significant shift in its approach to handling planning applications. The organization will reduce its support for low-risk applications, a move driven by increasing resource constraints and a need to prioritize “high risk” and “high opportunity” casework.

Mike Burke, the programme director for sustainable development at Natural England, sent a letter to local planning authority chiefs about significant operational adjustments being implemented within Natural England to address the resource constraints experienced in recent years. While the letter was sent in August, it was only recently made public.

The essence of this new approach is best summarised by these extracts from the letter’s annex:

“Whilst Natural England will continue to respond to all statutory planning consultations, decision makers […] should expect more standardised responses for lower risk cases, with signposting to standing advice or other guidance. […] We will prioritise higher risk casework during workflow peaks […]

[…] high-risk casework usually involves proposals where there is potential for significant impacts to designated sites and landscapes, including marine designated sites. Such impacts mean there is a threat to the site’s conservation objectives (or special qualities in relation to landscape) or the condition of the site, or there is conflict with the purpose of designation, or policy objectives. […]

[…] high opportunity casework, [involves] cases which we consider have strong potential to support nature recovery at scale or via strategic means and increase peoples access to nature. These cases might include, for example, new large-scale housing proposals, or local plan engagement that has the potential to deliver Local Nature Recovery Strategy (LNRS) priorities.” 

Burke also remarked that local planning authorities should first check Natural England’s new tool: “Impact Risk Zones for Sites of Special Scientific Interest” (“SSSI IRZs”) before deciding whether to send consultation to Natural England. The SSSI IRZs tool is available via DEFRA’s MAGIC Map and comprises a series of zones around each SSSI and within each zone, the tool specifies the types of development which, at that distance, have the potential to have adverse impacts. Burke considers that the use of this tool would help to reduce the levels of unnecessary consultations Natural England receives.

The development industry has expressed concerns about the potential delays and increased uncertainty resulting from this change. Some stakeholders worry that the reduced support for low-risk applications could hinder progress on smaller projects that are crucial for local development. 

As Natural England navigates these resource constraints, it will be crucial for developers and planners to adapt to the new consultation landscape. 

Natural England opens consultation on designation to protect the Yorkshire Wolds

Natural England has launched a consultation on proposals for designation of the Yorkshire Wolds as a National Landscape. Despite the fact AONBs have now been rebranded as National Landscapes for almost a year, Natural England still only have the powers to designate an AONB and therefore the consultation refers to AONBs throughout, but could ultimately result in the Yorkshire Wolds National Landscape. 

AONBs / National Landscapes are designated as such under the Countryside and Rights of Way Act 2000 (“CRoW Act”) to conserve and enhance the special characteristics of the area. Once designated, all decisions made by the relevant Local Authority must have regard for the purpose of conserving and enhancing the AONB. 

The currently proposed AONB would cover roughly 465 square kilometres and two areas of the Wolds:

• An inland area comprising “an arc of elevated chalk wolds and valleys extending from Goodmanham in the southwest round to Folkton in the northeast, and stretching from the Howardian Hills AONB, along the Derwent Gorge, to the valleys of Langtoft in the east”.
• A coastal area, comprising the “striking peninsula of the Flamborough Headland and its immediate hinterland stretching from the Speeton Hills around Reighton in the north to the Sewerby Cliffs in the south”.

Prior to designation, the CRoW Act requires Natural England to undertake a Local Authority consultation. Once closed, the results of the consultation are analysed and, if necessary, proposals amended. 

The project is one of four areas that former environment secretary, George Eustice, announced in June 2021 that Natural England would be considering for AONB/National Landscape designation. The consultation closes at midnight on 13 January 2025. Online and face-to-face events will be held as part of the consultation process. 

OEP’s intervention into LPA’s assessments of housing energy efficiency standards

The Office for Environmental Protection (“OEP”) announced its intervention into a judicial review case where campaign groups, The Good Law Project and Rights Community Action, challenge a ministerial statement through the courts. 

The Environmental Principles Policy Statement (“EPPS”) introduced by Environmental Act 2021, sets 5 environmental principles that ministers must consider when making policy decisions:

• The integration principle; policymakers should “look for opportunities to embed environmental protection in other fields of policy that have impacts on the environment”.  
• The prevention principle; the government policy should “aim to prevent, reduce or mitigate environmental harm”.
• The rectification at source principle; “if damage to the environment cannot be prevented it should be tackled at its origin”.
• The polluter pays principle; “those who cause pollution or damage to the environment should be responsible for mitigation or compensation”.
• The precautionary principle; “where there are threats of serious or irreversible environmental damage, a lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation”.

The EPPS came into force in November 2023. 

Last year, the then junior housing minister Baroness Penn stated that it is not in the government’s expectations that plan makers set local energy efficiency standards for buildings that go beyond current or planned buildings regulations. She continued that such planning policies should be rejected at examination unless they have a well-reasoned and robustly coasted rationale. 

The campaign groups now argue that this represented “a massive overreach of central government power and flies in the face of the government's obligations to reach net zero by 2050”. 

The case was dismissed and the groups appealed. Since the case is said to potentially have wide implications, the OEP joined in attempt to clarify how the EPPS is interpreted in a potentially precedent setting case. Peter Ashford, the general counsel for OEP, highlighted the importance of enabling EPPS to play its role in supporting the government’s delivery of the Environmental Improvement Plan and Environment Act targets for the benefit of the natural environment.

Previously, the mentioned principles were set out in the Treaty on the Functioning of the European Union and applied directly to the EU and the legal orders of the member states. After Brexit, they were instilled through the EPPS, meaning that their application depends on the nature of the policy statement. According to some green groups, this led to weakening of environmental protection, with the most emphasis on the precautionary principle. It has been argued by campaigners and lawyers that this principle plays a vital role in environmental protection, and that a precautionary approach should be based on realistic assessments of risk and not just theoretical hazards. 

We now await the Court of appeal is to decide whether to allow the appeal and if the OEP’s application to intervene has been successful.

The OEP also awaits a decision to intervene in another Court of Appeal case, relating to how the government implements its statutory requirements to restore and improve the environmental condition of waterways. This appeal is said to have even wider implications in improving outcomes for water bodies in England. 

Natural England’s Landmark Report: Unveiling the Risks of Nature’s Decline on Society and Economy

Natural England has released its first comprehensive review detailing the risks posed to society and the economy by the decline of nature (available here). This report provides a systematic and evidence-based approach to understanding these risks.

Ecosystem Assets and Benefits:

The report emphasizes the importance of natural capital, including “ecosystem assets” such as: marine environments, coastal margins, freshwaters and wetlands, woodlands, mountains, moorlands and heaths, semi-natural grasslands, enclosed farmland, and urban areas.

The report highlights how the state of the assets listed above (measured by their quantity, quality, and location) affects their ability to provide benefits to society and the economy. For instance, a healthy marine ecosystem can mitigate the impacts of climate change and support economic activities such as fishing and tourism. The report states “These benefits contribute to industries, such as farming, forestry, fisheries and aquaculture, agri-food and construction, which supported 1.3 million jobs in England in 2022.”

Furthermore, the health of these assets determines their ability to provide benefits such as clean water, air, flood protection, noise regulation, urban cooling, and pollination. However, the report does warn that many of these benefits are at high risk due to factors such as climate change, pollution, and land-use changes.

Policy Areas and Priority Actions:

The report identifies six key policy areas dependent on “natural capital”: 

1. economic resilience;
2. net zero;
3. climate adaptation;
4. food security;
5. health and wellbeing; and 
6. water security

It outlines priority actions for each area to mitigate risks. For example, in the economic resilience sector, actions include sustainable soil and river catchment management and minimizing seabed damage through better fishery management.

Decision-Making and Risk Management:

To address these challenges, the report suggests embedding priority actions into policy development and promoting nature-related financial disclosures. It also advocates for increased investment in large-scale ecosystem restoration projects. Additionally, a detailed risk register accompanies the report, highlighting the most significant risks to ecosystem benefits and stressing the urgency of taking action to prevent irreversible damage. Natural England have also published a State of the Assets Technical Report to further supplement this report and highlight risks and drivers of change.

In summary, Natural England’s review highlights the critical need for immediate and strategic actions to protect and enhance natural capital.