Net Zero & Industry News

Ofgem has now approved the major changes to the grid connections process proposed by the National Energy System Operator. See our recent briefing and latest update for all you need to know.

The UK government has launched the AI Energy Council to support the use of sustainable energy to power AI. The council has held its first round of quarterly talks on delivering the power which will drive the UK’s AI ambitions, with the next meeting scheduled for this summer.

The Department for Energy Security and Net Zero (DESNZ) has announced a plan to create thousands of new apprenticeships in the clean energy industry.

DESNZ has opened a call for evidence as part of an independent review to consider how options for greenhouse gas removals (GGRs) can help the UK meet net zero targets The call looks at potential scale of emissions savings; opportunities and barriers to deployment at scale; economic cost of deploying GGRs; approaches to transition away from public investment and attract private investment; role and opportunity to support government missions; role and options to balance the UK’s residual emissions; and how GGRs could contribute to the UK’s security of supply. The call is open until 20 June. The review will then report in autumn 2025.

The government is consulting, until 29 May 2025, on proposed amendments to National Policy Statements for energy, energy infrastructure and electricity networks infrastructure, EN-1, EN-3 and EN-5.

With effect from 1 April 2025, the government has launched the National Infrastructure and Service Transformation Authority (NISTA), merging the National Infrastructure Commission and the Infrastructure and Projects Authority (IPA). NISTA brings oversight of infrastructure strategy and delivery into one organisation. It should accelerate the delivery of major infrastructure projects.

The IPA has published (scroll down to ‘Latest from the IPA’) its latest suite of guidance regarding PFI projects. The guidance comprises a PFI Asset Condition Playbook, insurance guidance for PFI projects, and guidance on navigating the risks of PFI project distress. It’s intended to provide practical advice to key PFI stakeholders including contracting authorities and private sector delivery partners.

Ofgem’s new Advanced Procurement Mechanism (APM) will allow early access to almost £4 billion of investment for crucial transmission equipment and services, unblocking supply chains and enabling renewable energy projects to be connected quicker.

The National Audit Office has published a new report, ‘Lessons learned: Governance and decision-making on major projects’, providing insights on improving the way “megaprojects” are governed going forward.

The Climate Change Committee (CCC) has published  a new pathway to a decarbonised UK in its Seventh Carbon Budget. The report models that the UK must reduce emissions by 87% (compared to 1990 levels) by 2040. It sets out (with sector-specific targets) how to achieve this by 2050. It gives key recommendations: make electricity cheaper through rebalancing prices to remove policy levies from electricity bills; remove barriers around charge points, grid infrastructure, planning, consenting, and regulatory funding; provide certainty for consumers and investors around new technology to support decarbonisation; support households to install low-carbon heating; provide clarity on government support and market mechanisms such as the UK Emissions Trading Scheme (ETS) (see below), carbon border adjustment mechanisms (CBAM) (see below), and diversification of land use; grow skilled workforces and support workers in the transition; and implement an engagement strategy.

The UK CBAM is set to come into force from 1 January 2027. CBAM is a tax charged on the emissions embodied in certain specified goods imported into the UK. It applies to a defined list of goods/pre-cursor goods from five sectors, grouped into the following main categories: Aluminium Products (includes unwrought aluminium, powders, bars, wires, sheets, foils, tubes, pipes, structural components, containers, and other articles made of aluminium); Cement (various types of cement and cement clinkers, including Portland, aluminous, and hydraulic cements); Fertilisers (nitric acid, ammonia, potassium nitrates, and a range of mineral or chemical fertilisers); Hydrogen; Iron and Steel Products (iron ores and a wide range of iron and steel products, such as bars, sheets, pipes, tubes, structural items, containers, fasteners, and other articles, with certain ferro-alloys excluded. The government has also released a CBAM policy update and a factsheet, to provide businesses affected by CBAM with an overview of its scope and design.

The Science Based Targets initiative (SBTI) has published an initial draft of its revised Corporate Net-Zero Standard for public consultation. The paper sets out greater flexibilities for tackling scope 3 emissions, including allowing companies to set targets for green procurement and revenue generation instead of setting emissions reduction targets. For more information on the SBTI, see our earlier briefing.

The IFRS Foundation has launched a Jurisdictional Roadmap Development Tool to support jurisdictions and policy makers in adopting/ using the IFRS Sustainability Disclosure Standards (IFRS S1 – general requirements for disclosure of sustainability-related financial information; and IFRS S2 – climate-related disclosures).

The UK government has announced its intention to restart meaningful climate change dialogue with China.

Legislation is being introduced to ensure state-owned Great British Energy won’t be allowed to use solar panels linked to Chinese slave labour.

Amazon has launched a carbon credit service, selling science-based carbon credits to suppliers, business customers, and Climate Pledge signatories.

The Energy Savings Opportunity Scheme has been updated and is now ongoing, with the compliance deadline of 5 December 2027. The existence of one single large UK undertaking within a corporate group will trigger ESOS, and necessitates compliance across the group. Specialist advice may be required in connection with complex group structures. Businesses may also wish to undertake ESO due diligence on acquisitions.

The Environment Agency (EA) has updated its approach to applying civil penalties under Climate Change Agreements. The update also sets out the procedure followed when required reports on energy efficiency improvements or emissions reductions are not submitted.

The European Commission has unveiled the Clean Industrial Deal, a comprehensive strategy to enhance the competitiveness and resilience of European industry while accelerating decarbonisation. As part of the Deal, the Commission has also published its Affordable Energy Action Plan, setting out short-term measures to lower energy costs, complete the Energy Union, attract investments, and better prepare the EU for potential energy crises.

A cross-industry group of large energy users (including 14 major global banks and financial institutions, 140 nuclear industry companies, and 31 countries) has signed a World Nuclear Association pledge supporting the goal of at least tripling global nuclear capacity by 2050. The pledge reflects growing global interest in nuclear power from industries as diverse as maritime, aviation, chemical, oil and gas.

The UK government has published its response to a targeted consultation on three technical and operational amendments to the  UK ETS regarding data publication, data sharing, and ultra-small emitter (USE) eligibility criteria for the period 2026-30. The response includes three key proposals: annual publication of all UK ETS transactions, three years in arrears, starting May 2025, to increase transparency; disclosure of UK ETS Information for policy development and statutory functions; and extending eligibility for USE status to operators who began activities between January 2021 and January 2024 for the 2026-30 period.

The government has confirmed it’s actively considering linking the ETS with the European Union’s carbon market, ahead of a UK-EU Summit in May.

On 25 March, the DfT launched its new maritime decarbonisation strategy. The strategy includes the UK ETS being extended to maritime and prioritises fuels of the future and shore power. To support this, DfT has published two supplementary calls for evidence: Net zero ports: challenges and opportunities call for evidence and Decarbonising smaller vessels call for evidence.

Lloyd’s Register’s latest Fuel for Thought report finds that liquefied natural gas remains the dominant alternative marine fuel readily available to the shipping industry.

BP has announced it will cut investment in renewables and increase oil and gas production. The strategy re-set is intended to focus on boosting returns for shareholders, albeit shares slumped in the immediate wake of the announcement. In related news, Shell is reportedly considering taking over BP, in what would be one of biggest deals ever in the oil and gas industry. As at the date of writing, the rumours have resulted in a rallying of BP’s share price.

The government has launched a new Steel Council to re-build the UK’s steel industry, develop a stronger supply chain for infrastructure projects, and support the UK’s decarbonisation strategy.

The European Commission has published its Action Plan on Steel and Metals, designed to “strengthen the sector’s competitiveness and safeguard the industry’s future”.

Citizens Advice has urged energy networks to hand back to consumers nearly £4 billion ‘windfall’ profits.

The Advertising Standards Authority has labelled an EDF advert misleading regarding electricity bill savings. The advert stated a customers’ “electricity bill could be nil” when they store energy generated by 10 to 12 EDF solar panels “for a rainy day”, whereas the solar panels and battery may not actually generate and store enough power to provide electricity during the winter months. For information and advice on misleading claims and greenwashing, see our earlier briefing.

On 14 February 2025, DESNZ published the latest output of its heat network zoning pilot, which is being used to develop and test a standardised national zoning methodology to identify suitable locations for heat network zones. In this article, we provide an update for commercial and industrial developers and heat users on heat network zoning in England, and take a look at what’s next for heat network policy.

A Scottish court has ruled that approval of the Rosebank and Jackdaw oil and gas fields in the North Sea was illegal because it didn’t account for greenhouse emissions caused by burning the extracted fossil fuels.

We have acted on behalf of the successful energy supplier defendant in the first business energy commission claim to be heard in the Court of Appeal. See our recent article on Expert Tooling and Automation v ENGIE Power for further information.

The European Court of Human Rights (ECHR) has ruled for the first time (in the case of Cannavacciuolo and Others v Italy) that a government’s failure to adequately address environmental pollution violates the human right to life. The main issue in the case was whether the authorities failed to take sufficient measures to protect the lives of the applicants living in areas of the Campania region of southern Italy affected by large-scale pollution stemming from illegal dumping. (The case follows a trend recently set by the so-called ‘Swiss grannies case’, in which the ECHR found that Switzerland had taken inadequate steps to combat climate change and so had breached the human rights of an association of elderly women (i.e. a demographic proven to be particularly vulnerable to health problems associated with heatwaves).

90% of the sustainable aviation fuel (SAF) used by British planes last year came from used cooking oil imported from China, official figures show. However, supply is expected to dry up, with China due to impose a mandate later this year on how much SAF its airlines must use.

The government is consulting on significantly reforming the railway system, including plans to establish Great British Railways.

The government’s key national planning policy document on road building is being challenged via a judicial review claim brought by campaign group Transport Action Network (TAN). TAN argues planning guidance for road schemes fails to properly support the UK’s 2050 net zero target, and will hinder efforts to shift towards active travel and public transport.

The government has opened bidding for its AI Growth Zones in a major drive to revitalise local communities. Local and regional authorities across the UK are being encouraged to put their communities forward to become dedicated hotbeds for AI infrastructure development and attracting millions in private investment.

The government is consulting on how to protect critical national infrastructure (including power plants, water utilities facilities, transportation networks, telecommunications and financial systems) from ransomware attacks.

The government has published a new Action Plan for overhauling the regulatory system in the UK. To support growth and private sector investment, the ambitious strategy aims to:

• Reduce the complexity and burden of regulation, including consolidation or removal of certain specific regulators
• Simplify, streamline and modernise environmental and planning regulation
• Consider opportunities to adapt health and safety regulation which may be limiting growth, whilst maintaining high standards
• Clarify the role, approach, processes, transparency and performance of regulators (especially in relation to environmental, competition and financial services regulation)
• Challenge and address excessive risk aversion
• Capitalise on AI and innovation opportunities.

See here for key regulator’s growth pledges.

We’ve previously reported that the High Court rejected Friends of the Earth’s claim that the UK’s climate adaption plan was unlawful. The campaigners have now applied to take the case to the European Court of Human Rights. It remains one to watch.

The Competition and Markets Authority and Energy UK have responded to questions regarding consumer protection in the DESNZ call for evidence as part of its review of Ofgem.

Renewables, Green Energy and Carbon Capture, Usage and Storage (CCUS)

Great British Energy (GBE) met for the first time on 17 March 2025. On 19 March it published its partnership with the National Wealth Fund and declared its new mandate as a developer of clean energy projects. GBE’s first project in England will invest £200 million to put rooftop solar panels on around 200 schools and 200 NHS sites (covering a third of NHS trusts). It’s expected that £400 million could be saved on energy bills over 30 years, with the savings reinvested back into schools and the NHS. The project will target sites in areas most in need, such as the North East, West Midlands and North West, with the first panels expected to be installed by the end of summer 2025.

The Prime Minister has announced GBE will also invest £300 million in offshore wind supply, with individual companies able to apply for grants during this parliament if they can show they will produce long-term investments in UK supply chains.

Danish energy company Orsted has cancelled its plans for the development of Hornsea 4 – the offshore windfarm which would have become one of the biggest in the world, with potential capacity of 2.4GW. Orsted said the project no longer made economic sense, despite having secured a Contracts for Difference scheme contract in September 2024, which had guaranteed a fixed power sale price for 15 years.

Shore power technologies, also known as cold ironing, Onshore Power Supply (OPS) or Alternative Maritime Power (AMP), enable ships in port to connect to onshore power supplies, allowing diesel generators to be switched off. Shore power reduces sulphur dioxide and nitric oxide emissions to a minimum and significantly contributes to the decarbonisation of ports. Portsmouth International Port is undertaking a £27.4M shore power project, described by New Civil Engineer (28 February 2025) as “industry-changing”, which will enable three vessels – two ferries and a cruise ship – to be plugged in at once.

The Carbon Capture and Storage Association has published a new report which identifies key levers to deliver cost reductions while scaling up the CCUS sector, following the CCC’s Seventh Carbon Budget Advice, which made clear there is no route to net zero without CCUS.

The government and Ofgem have published a joint technical decision document setting out details of the cap and floor regime introduced for long duration electricity storage (LDES). The first awards are expected to be made in Q2 2026.

Electro-methanol is produced by combining green hydrogen with captured carbon dioxide. It has a closed carbon cycle, only emitting the CO2 it captures during production. Hellenic Shipping News has reported (18 March 2025) that e-methanol is a game-changer for decarbonising otherwise challenging energy-dense and high-temperature applications. The technology is poised to become a key solution for decarbonising the shipping industry and chemical manufacturing in particular, with potential for other emissions-intensive industries to follow suit.

Offshore wind projects without planning permission may be able to participate in future Contracts for Difference (CfD) allocation rounds, as the government consults on relaxed rules for the CfD scheme.

The Electricity (Early Model Competitive Tenders for Onshore Transmission Licences) Regulations 2025 have now been finalised and approved. They came into effect on 25 April 2025 and introduce a competitive tendering process for the ownership of onshore transmission assets (similar to the OFTO tender process).

In collaboration with LCP Delta and the UK’s National Wealth Fund, Pulse Clean Energy has released the UK BESS carbon emissions calculator. It’s a tool allowing battery energy storage system (BESS) asset managers to track and certify the carbon emissions saved by BESS usage, using precise, real time data.

A research paper by ScottishPower Renewables and Stillstrom has found that battery-powered boats could be a feasible option for servicing offshore wind farms.

The London Stock Exchange and Utility Week have reported that an alternative to traditional battery technology – vanadium flow batteries – is being deployed at scale as part of Ofgem’s upcoming Long Duration Energy Storage (LDES) procurement process.

In Drayton Manor Farms Limited v Stratford-upon-Avon District Council the High Court has clarified that a proposed solar farm located adjacent to an existing solar farm may be considered a separate generating station and may not need consent under the Nationally Significant Infrastructure Project (NSIP) planning regime. For more information, see the corresponding item in Construction/Development below.

Waste & Resources

A key tenet of the UK government’s growth and net zero strategies is the drive towards a circular economy. We’ve previously reported that the Circular Economy Taskforce published its Terms of Reference and confirmed that a circular economy strategy, underpinned by a series of roadmaps for reform in different sectors and their supply chains, will be forthcoming by autumn 2025. As of 27 March, the government has confirmed that the Taskforce will focus, as a priority, on the following 5 sectors: textiles, transport, construction, agri-food and chemicals & plastics. Following the Taskforce’s April Engagement Forum, the government is to review various strategies, including the Farming Roadmap, the Critical Minerals Strategy, the Carbon Budget Delivery Plan and the Trade Strategy, to ensure they align with the upcoming Circular Economy Strategy.

Residual waste is currently subject to a standard landfill tax rate of £126.15/tonne. Inert waste is taxed at a much lower rate of £4.05/tonne. The government is now consulting on plans to transition to a single rate of landfill tax by 2030. The consultation closes on 21 July 2025.

On 6 February 2025, the Government confirmed mandatory digital waste tracking will come into force from April 2026. The initiative aims to provide a comprehensive system for tracking waste production, handling, and disposal, and will help businesses comply with waste management regulations, promote a circular economy, and replace outdated systems.

On 22 January 2025, the Packaging and Packaging Waste Regulation was published. The Regulation will apply from 12 August 2026. It sets binding re-use targets, restricts certain single-use packaging, and requires economic operators to minimise packaging. Targets include up to 65% recycled content for single-use plastic bottles by 2040. The regulation also mandates labelling to aid consumer sorting, and introduces re-use obligations for businesses.

The Department for Environment, Food and Rural Affairs (Defra) has published guidance on packaging data reporting periods and submission deadlines for large and small organisations under the Extended Producer Responsibility (EPR) for packaging scheme. The guidance outlines that large producers are required to collect and submit data bi-annually, while small producers must do so annually.

In related news, Defra has also published a decision tree diagram, illustrating the process for determining the recyclability of materials under the recyclability assessment methodology, which is part of the EPR for packaging scheme. The resource outlines steps for classifying packaging as red, amber, or green under the RAM, and can serve as a template for creating custom process diagrams.

Also on packaging, Defra has announced the launch of PackUK, the scheme administrator for the UK’s extended producer responsibility for packaging (pEPR). PackUK will implement the ‘polluter pays’ principle, shifting the cost of managing household packaging waste from taxpayers and local authorities to the businesses that use and supply packaging.

From 31 March 2025, under the government’s simpler recycling rules, workplaces in England with 10 or more employees will need to arrange for the separation of waste into: dry recyclables such as plastic, glass, metal, paper and card (some waste collectors will require further separation of paper and card from other dry recyclables); food waste; and non-recyclable waste. The rules extend to residential homes, universities, schools, hospitals and nursing homes and are part of the government’s transitioning to a more circular economy. The EA has taken on regulatory responsibility and will support businesses and waste collectors with these and other new responsibilities to come: 31 March 2026 – local authorities will be required to collect the core recyclable waste streams from all households in England; 31 March 2027 – kerbside plastic film collections from workplaces and households, and workplaces with less than 10 employees to arrange for recycling of core waste. Guidance is available to support workplaces in England with these changes.

ENDS has reported (18 March 2025) that the EA will begin publishing environmental permit compliance assessment reports (CARs) online from April 2025. CARs will be published 42 days after issue to allow commercial confidentiality and for appeal periods to have passed. The move will increase scrutiny. It should encourage waste producers/operators to ensure waste is managed appropriately, and it may prompt disputes.

Campaign group ‘Fighting Dirty’ has initiated legal proceedings against the UK government (the EA) after an investigation found that millions of waste tyres being exported for recycling are in fact being burned in furnaces. In response, the EA has said it will conduct a review of its approach to waste tyre shipments.

A biomass power station operator, Sembcorp Utilities (UK) Ltd, has undertaken to contribute almost £300,000 to a woodland restoration project after it breached its environmental permit by wrongly classifying waste as non-hazardous during its disposal at landfill.

The courts have permitted Biffa to pursue £166m compensation from the Scottish government after the country’s Deposit Return Scheme (DRS) was delayed. Biffa was appointed to act as the logistics partner for the firm tasked with delivering the Scottish DRS. It’s seeking £51.4m for the loss of investment and management costs, and £114.8m for loss of profits.

Six water companies have now been issued pre-action letters over alleged “underreporting” of sewage spills, which lawyers argue saw nearly one million non-household customers overcharged.

River Action is pursuing legal action against Ofwat in relation to its United Utilities price review sign-off. The campaign group argues that Ofwat acted unlawfully by approving funds without ensuring they are spent on genuine improvements to essential infrastructure.

Water industry regulator Ofwat has issued an enforcement notice outlining that it is investigating whether Thames Water broke its legal obligations in delaying the delivery of over 100 promised environmental improvement schemes.

Yorkshire Water has undertaken to invest £40m to improve rivers in its region after an Ofwat investigation found a “significant breach of the company’s legal obligations”, which caused an “unacceptable impact” on the environment and customers. The case is part of Ofwat’s wider investigation  into all water and wastewater companies in England and Wales.

Ofwat has revealed details of its new £100M Water Efficiency Fund, aimed at significantly reducing public water supply demand across England and Wales. The fund seeks to support large-scale, innovative projects focusing on effective water usage and conservation. It will be run in tandem with Ofwat’s Water Innovation Fund, which was recently extended for another five years with an increased budget of £400M.

The Water (Special Measures) Act 2025 has received Royal Assent and comes into force on a piecemeal basis from 24 February 2025. The act increases regulators’ abilities to bring criminal charges against water executives who obstruct investigations and provides powers to ban bonuses for water bosses who fail to meet high standards to protect the environment, consumers, and their company’s finances. Other measures include powers to issue penalties more quickly, independent monitoring of every sewage outlet, and requirements for water companies to publish real-time data for all emergency overflows.

Enabled by the Water (Special Measures) Act 2025, the EA is consulting on a proposed new levy targeting certain water discharge activities, with the new charging scheme expected to be implemented this summer.

The Independent Water Commission has launched a call for evidence, seeking views across a range of areas, including whether the 2027 ‘good ecological status’ target set by the Water Framework Directive is  too narrow in scope, without sufficient emphasis on public health or wider environmental outcomes, and should be reformed. Views are also sought on the strategic management of water, amid concerns that, when it comes to river systems and catchment areas, local infrastructure planning decisions and investment are often considered in isolation from one another.

In a UK first, Lewes District Council has agreed to recognise the legal rights of Sussex’s River Ouse through a charter to protect the river’s fundamental right to “exist, thrive, and evolve”, and to promote action to restore the river’s and the surrounding catchment’s ecological and chemical health. The move follows a growing international trend aimed at increasing environmental protections, with examples already found in New Zealand, Canada and Colombia.

The focus on water pollution, and use/development of nuisance laws to advance environmental protection, continues apace. The Guardian (18 March 2025) has reported that campaigners have begun citizen’s arrest action against the chief executive and chief financial officer of Thames Water, on grounds of causing a causing a public nuisance. The campaigners accuse Chris Weston and Alastair Cochran of five to seven counts of the offence, including illegal discharge of sewage, mismanagement of customer funds and operating unsafe infrastructure. They claim to have worked with lawyers to draw up a draft indictment, which they intend to submit to prosecutors.

Also related to river (and other environmental) protection, is the Herefordshire chicken manure case, which could have significant planning implications, and implications for river/environmental pollution litigation. Herefordshire Council’s new agricultural waste policy included stricter rules for the management of manure from livestock, and a requirement for developments to be nutrient neutral. The NFU argued that manure from agricultural developments shouldn’t be classified as waste, meaning it wouldn’t fall within scope of the policy; River Action argued that it should. The High Court agreed with River Action. The decision means that chicken producers in Herefordshire will have to provide a detailed plan, at the planning application stage, to ensure manure can be disposed of safely, including full transparency on the manure’s destination and application. The case may set a precedent for similar protections to be embedded in all planning applications for livestock production developments. The case may also impact or prompt other river pollution claims.

The Corry Review was set up in October 2024 to examine the environmental regulatory landscape and develop recommendations to drive economic growth while protecting the environment. The Review’s findings have now been published and include 29 recommendations for reform.

Construction/Development

On 24 February 2025, the Ministry of Housing, Communities and Local Government (MHCLG) updated the planning practice guidance to reflect the changes made to the NPPF published in December 2024.

On 27 February, the government published its response to its consultation on the proposed reforms to the National Planning Policy Framework and other changes to the planning system.

The  Planning and Infrastructure Bill has been introduced in Parliament. It aims to streamline planning and speed up building. See this guidance for a helpful, comprehensive overview. Key points include:

• Nationally Significant Infrastructure Projects reform
  • National Policy Statements (NPS) to be updated every 5 years; and new streamlined process for Parliament to consider NPS changes outside this 5-year cycle
  • Sec of State power to direct projects out of NSIPs regime on a case-by-case basis if better suited to an alternative consenting route
  • Streamlining NSIP consultation
  • Removal of paper permission stage for judicial review of NPS and Development Consent Order, and removal of right of appeal for cases totally without merit
• Electricity network connections reform
  • Powers for Sec of State and Ofgem to improve efficiency and align with Ofgem/NESO grid connection reforms, to enable prioritisation of connections queue for 3 years from Royal Assent; to amend electricity licences and related documents; and to amend qualifying connection agreements
  • Updated consenting process for electricity infrastructure in Scotland to speed up process and improve certainty
• Support for investment in long duration electricity storage cap and floor scheme
• Mandatory centralised approach to providing bill discounts to communities closest to new/significantly upgraded electricity transmission infrastructure
• Extension of commissioning period for offshore electricity transmission system
• Powers to use/permit use of forestry land for generation, transmission, storage, and supply of electricity from renewable sources
• Reforms to Highways Act 1980, Transport and Works Act 1992, Harbour Order fees
• Measures to support transition to EVs and accelerating EV charging infrastructure
• Sub-delegation of setting of planning fees to LPAs; requirement that fees mustn’t exceed cost to LPA of determining that planning application and fees must be retained for the LPA’s relevant planning function
• New scheme setting out which planning functions should go to planning officers and which to committee; and committee members must take mandatory training before taking planning decisions
• Roll-out of Spatial Development Strategy
• Establishment of Nature Restoration Fund and Environmental Delivery Plans – a more strategic approach to discharge of environmental obligations on development
• Expanded, updated, more flexible use of development corporations
• Compulsory Purchase Order reform, including removal of hope value.

The Planning and Infrastructure Bill is, however, attracting some controversy. According to ENDS Report, a leaked EU document has suggested it could fall foul of non-regression clauses in the EU-UK Trade and Cooperation Agreement. Campaign group Wild Justice has also issued a pre-action protocol letter, as a pre-cursor to judicial review proceedings, alleging the Bill will weaken environmental protection.

The government has announced it will consult on new plans to narrow the scope of statutory consultees in the planning process, and make the heads of “key” consultees report on their performance directly to the Treasury. The growth-focused further reforms this would:

• review the scope of all statutory consultees “to reduce the type and number of applications on which they must be consulted”. For example, organisations such as Sport England, Theatres Trust and The Gardens Trust will no longer be required to input on planning decisions, and the scope of other statutory consultees will be narrowed to focus on heritage, safety and environmental protection;
• clarify that local authorities should only be consulting statutory consultees “where necessary to do so”; and
• require that decisions “should not be delayed beyond the 21 day statutory deadline unless a decision cannot otherwise be reached or advice may enable an approval rather than a refusal”.

Energy secretary Ed Miliband has granted consent for extension of the Rampion offshore wind farm – construction of a further 90 turbines, providing enough power for the equivalent of over one million homes. He said “imperative reasons of overriding public interest” justified consent, despite potential harms to European protected sites.

The data centre sector presents significant opportunities and is a key focus of growth for many investors, developers, contractors, energy operators, landowners and government. Delivering and operating data centres involves a range of challenges in respect of infrastructure, energy and construction, as well as commercial, technical and operational matters. Principal among these, and considered here in more detail, are challenges associated with securing access and connection to utilities, necessary consents and the environmental impact of the power and water required to run a data centre.

The Ministry of Housing, Communities and Local government has published the Construction Products Reform Green Paper on wide-ranging plans for future regulation of construction products. Proposals include bringing all construction products within the general product safety regime; enhanced regulatory, surveillance and enforcement powers; development of a new single Construction Products Regulator; and civil and criminal penalties for manufacturers that engage in misleading practices or neglect their responsibilities regarding product safety. The consultation is the first step in what the government says will be a proactive process of engagement and consultation across the system in the medium to longer term. It’s open until 21 May 2025.

The CMA has effectively approved a trade association-led agreement appointing a single firm as the recommended provider of an ESG supply chain ratings platform to all UK builders merchants.

Regulations under the Infrastructure (Wales) Act 2024 are expected during 2025 and should impact the consenting process for large energy and infrastructure developments in Wales. Also in Wales, a new Planning (Wales) Act is proposed to consolidate planning-related primary legislation, and create a more streamlined and coherent framework for planning. Ones to watch.

In Drayton Manor Farms Limited v Stratford-upon-Avon District Council the High Court has clarified that a proposed solar farm located adjacent to an existing solar farm may be considered a separate generating station and may not need consent under the NSIP planning regime. The court confirmed the most significant factor was the extent to which there was to be interdependence of function between the two facilities. (In this case, there was very little interdependence of function.) The fact that the two facilities would be located within the same freehold landholding and adjacent to each other was of much less significance. There were separate leasehold owners and operators of the facilities. There was also a clear land use planning separation, and the facilities would operate over different life cycles and be subject to different conditions and controls. In itself, the proposed solar farm would have capacity below the Planning Act 2008 threshold, and therefore did not require NSIP development consent.

In this appeal decision, Wild Foul Farm, Carrington, Greater Manchester, the Planning Inspectorate  considered planning for a battery storage facility in the green belt. The inspector found that, while it was in the green belt, the site wasn’t checking unrestricted urban sprawl or towns merging, nor was it preserving an historic settlement. It could therefore be considered “grey belt”. The inspector agreed that the proposed development would “regenerate a degraded and potentially contaminated area of land within the green belt”, and there was “unquestionably a demonstrable need for the development”. The development wouldn’t, therefore, constitute inappropriate development in the green belt.

A year after the initial implementation of biodiversity net gain, Carter Jonas has published research, Biodiversity Net Gain: Navigating the Evolving Market, exploring the impact of the change in the law on landowners, land managers, developers, local authorities and environmental organisations.

The UK has this week published its National Biodiversity Strategy and Action Plan. The plan outlines the government’s commitment to halting and reversing biodiversity loss. It sets 23 ambitious UK targets aligned with the Global Biodiversity Framework, details actions and strategies for each UK country and the UK Overseas Territories and establishes mechanisms for tracking progress and updating as needed.

The district court of The Hague has ruled in favour of Greenpeace Netherlands in its a case against the Dutch government for failing to cut nitrogen pollution. According to ENDS (4 March 2025), the National Federation of Builders believes the case demonstrates that the UK government’s approach to nitrate mitigation is ‘flawed’ and leaves it open to the possibility of similar legal action. (Although a European case, the decision could have a significant impact on UK development – it was the 2018 Dutch nitrogen case which prompted Natural England’s nutrient neutrality advice to local authorities and the subsequent logjam in development ever since.) Nutrient neutrality’s definitely one to watch.