National significant water resources infrastructure: Defra announces key policy commitments following consultation

The Department for Environment, Food and Rural Affairs in the UK (Defra) recently published its response to a consultation on a draft National Policy Statement for water resources infrastructure (the NPS). The NPS sets out both the need and the policies required for nationally significant water resources infrastructure to secure resilient water supplies.

Background

Clean and plentiful water is a goal set out in ‘A Green Future’, the UK government’s 25-year plan to improve the environment. In this plan, the government envisions a water industry that provides reliable and robust services without compromising the needs of the environment.

Between 29 November 2018 and 31 January 2019, Defra held a consultation on the NPS to gather views on whether it provided an appropriate and effective framework for the Planning Inspectorate and the Secretary of State to examine and make decisions on development consent order (DCO) applications for nationally significant water resources infrastructure in England. 

The consultation also sought views on the Appraisal of Sustainability and Habitats Regulations Assessment (HRA) that accompany the NPS. The Planning Act 2008 requires an Appraisal of Sustainability to be carried out to ensure that any environmental and socio-economic effects are identified and adverse effects can be avoided or mitigated before the NPS is designated. The Conservation of Habitats and Species Regulations 2017 (SI 2017/1012) requires an HRA to be carried out to assess whether there are likely to be any significant effects on any habitats sites as a result of the implementation of the NPS.

Response to the consultation 

Most respondents considered that the NPS set out a clear need for water resources infrastructure alongside demand management as part of a twin track approach and agreed with the four main drivers of need; climate change; population growth; economic growth; and the need to protect and enhance the environment. Defra confirmed that it will enhance water resources management through the Environment Act 2021.

Additionally, over half of respondents agreed that the NPS makes clear that DCO decisions for additional water resources infrastructure will consider water resources management plans. Additionally, the criteria set out in the NPS in accordance with which DCO applications for water resources infrastructure are to be decided is appropriate and comprehensive. A number of respondents, however, requested clarification on the demonstration of biodiversity net gain (BNG) in the NPS. Defra has therefore amended the NPS to clarify the distinction between environmental net gain and BNG and has also updated its guidance on assessing BNG. Please see our recent article on the updated guidance on assessing BNG here.

A question was included to capture comments relating to the NPS’ coverage of the impacts of water resources infrastructure to be considered during the DCO process and the effectiveness of associated mitigation measures. In light of the responses, Defra has amended details within many policy area sections and has removed the summary table of potential impacts and mitigation measures. 

The majority of respondents also supported the conclusions and recommendations contained in the Appraisal of Sustainability Report, and, as such, Defra considered that no change to that report was necessary. Several respondents did, however, highlight that the Appraisal of Sustainability Report lacked proposals for monitoring landscape and cultural heritage effects. As a result of this,  Defra has announced that a Post Adoption Statement will include details of how the implementation of the NPS will be monitored. 

Defra is not proposing any changes to the HRA as there was broad agreement regarding the conclusions of the HRA amongst the consultation responses.

Summary

The NPS responds to the immediate need to build resilience in the water sector and addresses the increasing pressures on water supplies due to population growth, the impacts of climate change and the need to maintain sufficient water in our watercourses, lakes and wetlands to protect the environment.

If you have any questions or would like any further information about the issues discussed in this article, please contact the Environment, Safety & Planning team.