Sunak considers standalone bill to drive through nutrients reforms

The government is considering bringing forward a standalone bill to reintroduce reforms to tackle the nutrient neutrality planning crisis which were voted down decisively by peers earlier this month.

The Sunday Telegraph, citing a “government source”, reported that Downing Street was understood to be drawing up plans for legislation, to be introduced in the House of Commons, that will ditch “nutrient neutrality” rules.

The Home Builders Federation claims that around 150,000 homes are held up in the planning process by the nutrients crisis, which has seen 74 local authorities put residential planning decisions on hold. The government estimates that the hiatus could result in 100,000 fewer homes being built between now and 2030.

The government’s previous attempt to introduce reforms to free up the nutrients blockage in the planning system by watering down environmental protections came in the House of Lords via an amendment to the Levelling Up and Regeneration Bill, but foundered this month after Labour opposed them and a number of Tory peers rebelled.

However, if a standalone bill was introduced in the House of Commons, the Tories could use their 60-seat majority to drive the legislation through Parliament, with the House of Lords ultimately unable to refuse legislation passed by the lower chamber.

A government source told the Sunday Telegraph that the prime minister was “absolutely determined” to scrap what the newspaper called “EU-derived regulations” that are blocking construction. However, bringing in a new bill is contingent on finding another existing piece of legislation to be culled, the source said, meaning the move was still not “guaranteed”.

>> See also: Housebuilders are right to expect better from politicians after nutrients reform failure

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An industry source told Housing Today he understood the story was broadly “correct” but that, given the government’s competing legislative priorities, a new standalone bill “may not make the cut”.

The nutrient neutrality crisis has grown up following a 2018 EU court ruling which means that councils cannot permit developments that will make nutrient pollution of protected waterways worse, causing a planning hiatus cutting across 74 local authorities with protected habitats in poor condition. The government’s proposal would have forced councils to ignore evidence of harm from new homes when making planning decisions, and has been vigorously opposed by environmental campaigners.

>> See also: What is the legal position after Gove’s big move on nutrient neutrality?

>> See also: How do we stop the nutrient neutrality problem holding up development?

Stewart Baseley, executive chairman of HBF said: “Amid an acute housing shortage and with housing supply plummeting, it is a damning indictment that, after four years,  politicians have completely failed to find a solution.

“Banning new homes does absolutely nothing to improve the shocking state of our rivers, polluted by agricultural run-off, and as a result the failings of water companies, but it does deepen our housing crisis.

“We need to see politicians deliver a solution to avoid more homes being delayed, more people remaining on waiting lists, more families unable to access decent housing, more jobs lost and more businesses damaged.”