Environmental Outcomes Report consultation – NFU response

Environment and climate
A view from a farm in Denbighshire, Wales. In the distance multiple hedgerows can be seen as well as sheep grazing on the land. The sky is blue with large clouds overhead.

The Department for Levelling Up, Housing and Communities launched a consultation on a proposed new system for environmental assessments, known as the ‘Environmental Outcomes Reports’. These will replace current frameworks derived from EU law. Read the NFU response.

The current process for assessing the environmental impacts of development plans originate from two EU Directives, these are: The Environmental Assessment of Plans and Programmes Directive (also known as Strategic Environmental Assessment or ‘SEA’); and the Environmental Impact Assessment Directive (EIA). 

Through the Levelling Up and Regeneration Bill, the government is looking to develop a new domestic framework for environmental assessments.

This bill aims to replace EIAs and SEAs with EORs (Environmental Outcomes Reports). These will focus on specific outcomes and indicators related to the environment. The bill looks to address issues such as inefficiency, duplication and data quality in the current environmental assessment processes.

New approach to environmental assessments

The consultation proposes to streamline and improve environmental assessment processes by focussing on specific outcomes, indicators and mitigation measures. It also looks to strengthen monitoring and enforcement. 

The suggested EOR approach will be based on an outcomes-based framework. This will prioritise environmental targets and the government’s Environmental Improvement Plan.

The proposed new outcomes set by Department for Levelling Up, Housing and Communities include:

  • biodiversity
  • air quality
  • landscape and seascape
  • geodiversity, soil and sediment
  • noise and vibration
  • water
  • waste
  • cultural heritage and archaeology

9 June 2023

NFU submits response

The NFU has responded to the Environmental Outcomes Report consultation.

There are several areas of concern for the NFU that have emerged from this consultation.

  • The vague outline of the current proposal and the uncertainty this will create.
  • The potential increased costs placed on rural businesses and farmers from further assessment and monitoring, as existing EIA regimes are upgraded to meet the newly established EOR requirements.
  • The use, ownership, and sale of data produced by applicants undertaking environmental assessments.
  • The new approach of using environmental assessment as a driver for environmental improvement to a much greater extent than is currently required.
  • The degree to which further resources promised by government will be available to assist the new assessment.

The NFU is requesting that DLUHC focus on the following principles during the EOR consultation process:

  • Ensure new costs are not placed on applicants through increased responsibility and more frequent (e.g. scope) assessment.
  • That EORs are more accurately targeted to only those projects or plans that are likely to have a significant or lasting negative impact on a protected site or species. That the new assessment does not increase costs, time delays, uncertainty, or bureaucracy.
  • A new focus on sharing data which does not lead to a loss of valuable assets that are currently owned by applicants/business owners.
  • That there will be no overall increase in requirement for an assessment to be carried out where previously there was no requirement.
  • Prevent the use of the new assessment as a driver for environmental targets at the expense of the applicant.
  • Reduce the uncertainty that many aspects of the new assessment will bring through either clear or robust guidance, as well as a clear direction in what can be expected from the new assessment.

NFU members can read the consultation response in full at: Environmental Outcomes Reports: a new approach to environmental assessment

A response from the Government is now awaited and members will be updated in due course.

9 June 2023

Consultation closed

This consultation is now closed to responses.

15 May 2023

NFU briefing on EOR report

The NFU has published a briefing note on the Environmental Outcomes Report, which includes a comparison between the current and suggested new system of environmental assessments and outlines the NFU's initial response for members.

This consultation raises questions around the future of environmental assessments and the impact on NFU members. The change of assessment framework presents areas of concern for the NFU, including:

  • The potential increased costs placed on small businesses and farmers, from further assessment and monitoring.
  • The use, ownership, and sale of data produced by applicants undertaking environmental assessments.
  • The new approach of using environmental assessment as a driver for environmental improvement; to a much greater extent than is currently required.
  • The degree to which further resources that are promised by government will be available to assist the new assessment.

NFU members can log in to read the consultation briefing here: Briefing Note on Environmental Outcomes Report

17 March 2023

Consultation opened

The Department for Levelling Up, Housing & Communities has launched a consultation towards the new proposed system of environmental assessment, known as the 'Environmental Outcomes Reports', which will replace the current EU-based assessment processes in place. 

The consultation concerns the use of powers within the Levelling Up and Regeneration Bill for environmental assessment, and is seeking views from stakeholders across environmental assessment regimes on how a new framework could work as a replacement to the existing assessment regimes in place.

You can read more about the consultation at: Environmental Outcomes Report: a new approach to environmental assessment

Stakeholders could respond to the consultation online through the UK government's Citizen Space platform or by e-mail until 9 June 2023.


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Summary

  • 17 March: The Department for Levelling Up, Housing and Communities is proposing new system for environmental assessments to replace current EU directives, known as the ‘Environmental Outcomes Reports’.
  • 15 May: The NFU has published a comparison between the current and suggested new system of environmental assessments and outlined its initial response for members.

  • 9 June: NFU submits response highlighting areas of concerns and principles for the consultation to focus on.