We've summarised our response to this consultation as follows:
A more agile regulatory system
The NFU recognises the value in making the system for defining and updating exemptions within environmental permitting more agile, particularly where changes could reduce unnecessary regulatory burdens on low-risk activities that are already effectively managed under existing rules.
While we see potential benefits in a more flexible and responsive framework, there is currently a lack of clarity around how the new powers would be applied and governed.
New powers for lead environmental regulators
The proposed powers could speed up decision-making; the lack of information on process, limited detail on safeguards, and absence of worked examples make it difficult to assess their full implications.
We agree that regulators should only be able to use these powers where their decisions remain in line with the existing objectives and criteria for each activity type.
The use of these powers must remain clearly aligned with the statutory objectives already defined for each class of facility. These objectives (such as protecting human health, preventing groundwater pollution, or managing flood risk) are a key part of the current regulatory framework and must not be weakened or overridden by the proposed changes.
Safeguards
While the consultation includes some proposed safeguards, the NFU believes further assurances are needed from the government, particularly around public consultation, appeal rights, consistency across regions, and transitional arrangements. These reforms should simplify the system, not add uncertainty.
The NFU agrees that the use of these powers should be subject to public consultation, with a clear response published afterwards.
This is an important safeguard, particularly given the potential impact on businesses that rely on current exemptions to carry out routine, low-risk activities.
Working together with farming
We urge Defra and regulators to work closely with the farming sector to develop a clear, practical framework for managing exemptions, with meaningful engagement and transparency at its core.
From a farming perspective, the NFU would like to see regulators take a more practical, evidence-based approach to assessing what counts as "low risk".
On many farms, it is practical for several low-risk activities to be carried out alongside each other. These activities are typically small in scale, already subject to other regulatory controls or best practice guidance, and do not pose significant environmental risk when managed correctly.
Where regulation already exists, additional permitting should not be required.
