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Government to resurrect plans to axe nutrient neutrality after Lords setback

The Government has said it remains committed to its plans to scrap nutrient neutrality rules and is set to make a "further announcement about next steps" for the reform.

The Government introduced an amendment to the Levelling Up and Regeneration Bill in August that would axe the rules.

But peers voted against the amendment following a debate last week (13 September),.

The outcome of the vote means the Government will have to introduce any later plans to scrap the rules via new legislation, as the LURB is at a late stage in its passage through Parliament.

The Secretary of State for Levelling Up, Michael Gove, who had hailed the reform as an opportunity to fix delays in the construction of more than 100,000 homes, responded to the defeat by claiming Labour had sought to "end the dream of home ownership for thousands of families".

In an update published to the Department for Levelling Up, Housing and Communities page on Wednesday (20 September), the Department said: "Nutrient neutrality, the delays it is causing to housing delivery, and the wider need to restore our waterways remains a government priority, and the government will make further announcement about next steps in due course."

"In the near term, it is important that planning decision-making continues in the areas affected on the basis of the current legal framework – meaning that where mitigation is available, local authorities and developers should seek to progress sites."

Natural England will continue to deliver the existing Nutrient Mitigation Scheme in line with the Environment Secretary's direction of 28 July 2022, DLUHC said.

"Further details about plans for government's support for mitigation schemes led by local authorities and private organisations, including next steps on the DLUHC's Local Nutrient Mitigation Fund will be set out shortly," the update added.

The Levelling Up and Regeneration Bill will shortly enter its final stages in the House of Lords, and the Government is aiming to secure Royal Assent before the King's Speech on 7 November 2023.

Adam Carey