Within the 2026 Autumn Budget it was announced that residential brownfield developments on sites up to 1.5 hectares in England will be exempt from biodiversity net gain (BNG).

An implementation date has not been set. The government’s consultation response and impact assessment will follow.

The Government recently published 30by30 on land: Delivery plan.

The “30by30 on land: Delivery Plan” is the UK Government’s framework for achieving its commitment to see 30% of England’s land effectively conserved and managed for nature by 2030. It states that this is not just about creating more protected areas, but about improving the quality of nature management across the country, in farms, woodlands, wetlands and existing conservation sites. 

Defra have advised that:

The government have prepared a plan to address the issue of polyfluoroalkyl substances (PFAS) in the environment. Contamination by PFAS, dubbed "forever chemicals" is widespread across the UK, with recent data showing the chemicals present in 46% of groundwater and 88% of surface water samples. It is reported that over 10,000 high-risk sites have been identified, and investigations have found PFAS in drinking water sources across 17 of England's 18 water companies.

The government website states:

The much discussed issue of nutrient neutrality affects 74 local authority areas in various parts of the country. Excessive levels of phosphates and nitrates contribute to the growth of algal blooms, which causes reduced oxygen levels with adverse impacts on aquatic life.

There are ways of achieving nutrient neutrality however practically and cost are the issues. For on-site solutions the natural options of fallow land and wetlands are generally impractical due to lack of space and the cost of treatment plants renders this out of reach for any but the largest schemes.

Why Are They Imposed?

The government are currently running a consultation on a new scheme to replace Environmental Impact Assessment (EIA). They state:

"Part 6 of the Levelling Up and Regeneration Bill will secure powers to implement a new system of environmental assessment known as Environmental Outcomes Reports. This will allow the government to replace the EU-derived Strategic Environmental Assessment and Environmental Impact Assessment processes with a streamlined system that places greater focus on delivering our environmental ambitions.

New housing developments, hotels and student accommodation, in the vicinity of vulnerable watercourses must demonstrate that they do not increase phosphate and nitrate levels beyond pre-consent levels.

The new ‘Nutrient Mitigation Scheme’ has been set up to enable developers to purchase government-backed credits, with the revenues raised invested in new and expanded wetlands and woodlands.

The adverse impact of over production of nutrients is something we have known about for a long time, unfortunately there has been little coordinated action to address the matter. As my grandmother would have said “A stitch in time saves nine”, I suspect there are some who feel that on this issue we long ago passed the point where nine stitches were going to do the job but to use another we worn phrase, better late than never.

An interesting article by Steven Porter and Sam Wardleworth of Pinsent Masons makes the case that:

There are several areas in which the law governing landfill tax in England and Northern Ireland could be clarified so that the tax better supports the government’s environmental objectives, including achieving zero avoidable waste by 2050.

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