Defra consultation looks to cut red tape around environmental permits

The Department for Environment, Food and Rural Affairs (Defra) has opened the eight-week consultation on reforms to environmental permitting, aimed at finding ways to streamline the permitting process and reduce red tape - especially for the emerging technology and clean energy industries.

Following the government’s Corry Review into economic growth and nature recovery, the focus of modernisation of the permitting regime has been turned towards improving flexibility, faster timelines and less red tape to boost innovation and drive economic growth.

The consultation focuses on five areas: looking at ways to enable innovation and encourage research and development approaches, including regulatory sandboxes for testing without facing normal regulations.

It also covers the best ways to enable rapid updates to standards; and increased clarity on regulatory positions for clean technologies that present a low pollution risk – such as back-up generators at data centres and small scale hydrogen production. The consultation also covers improving the effectiveness and efficiency of the regulator – including recovering costs in line with the ‘polluter pays’ principle to fund resources for better applications, and a transparent framework for ensuring clarity with both industry and local residents.

Fiona Ross, environmental law expert at Pinsent Masons, said: “We’ve seen first-hand how delays in the current permitting system can impact on our clients, leading to uncertainty and frustration. “Striking the right balance between protecting the environment and human health, and driving economic growth, is essential”.

“Providing Defra with examples of real-world experience will be key to ensuring meaningful reform.”

The consultation, which closes on 21 October, invites input into changes to rules around the 2016 regulations on environmental permitting - including small and medium plants - particularly around improving regulation and innovation.

The consultation only covers permit reform in England - but Defra noted it has been working with the devolved governments in preparing for the consultation launch in order to develop the proposals.