Following the Government's proposal to scrap Nutrient Neutrality rules as a means of unblocking the planning system and attempting to fix the housing crisis we have been plunged into, it has been announced that the proposed amendments to the Levelling Up Bill (LURB) have been blocked by the House of Lords.
Concerns were raised about the impact these amendments would have on water pollution, further worsening an already serious and significant issue. Additionally, the proposed amendments meant that Local Planning Authorities would have to assume that wastewater from developments would NOT adversely affect a habitat site. This assumption would have applied to a vast range of planning decisions.
Baroness Hayman of Ullock, opposing this amendment, states: "We do not agree with the powers being introduced" by the proposed amendments, which would mean, "abandoning legal protections for the nation's most precious and sensitive habitats" as being the only means of meeting housing requirements. Adding that the way in which the Government have introduced these amendments is "entirely inappropriate." Being proposed at the very last minute together with "excessive regulatory powers" and with no public consultation, which the Baroness states is, "frankly, astounding."1
The LURB has come to the end of its journey through Parliament and cannot be passed back to the House of Commons. This means that the Government will now have to contemplate introducing new legislation in order to move their proposed amendments forward.
Following the Government's announcement of these proposed amendments in August, they promised developers that they could begin construction within a matter of months. However, it would appear this is no longer the case. With Planning Authorities across England having stopped over 120,000 new homes being build and developers incurring huge costs, it seems that there is no solution in sight.
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