Nutrient neutrality mitigations should be factored in to planning rules

The Conservation of Habitats and Species Regulation 2017 should be amended so that planning authorities can take account of mitigation measures, such as upgrading wastewater treatment works in the area, in giving permission for development.

That was the “N is for nutrient neutrality” recommendation from Policy Exchange’s new Re-engineering regulation report – which contains 26 regulation case studies which the think tank said have perverse unintended consequences – one for each letter of the alphabet.

Policy Exchange argued 100,000 homes are being held up by planning rules which fail to take into account nutrient mitigation schemes. These are in the 74 local authority areas subject to an effective moratorium on development due to water pollution.

The report calls for smarter, outcomes-driven regulation that “recognises the indispensability of rules and laws that mitigate risk and negative externalities, but that is just as conscious of the costs of regulations too”.

The wider recommendations were that regulators should:

• be obliged to create an active and effective feedback loop with operational independence from any enforcement component; and

• establish a dedicated board-level executive position with responsibility for the development of smarter regulation. This executive should be appointed by Government and accountable to Parliament annually.