Planning analysis: The Ministry of Housing, Communities and Local Government has published its response to the March 2023 consultation on Environmental Outcomes Reports (EORs), confirming its intention to use the Levelling-up and Regeneration Act 2023 powers to replace existing EIA and SEA processes with a new outcomes-based assessment framework. The response, read alongside the published ‘Roadmap to reform’, signals further consultation on draft regulations and a managed transition, with the government aiming to bring forward EORs by the end of 2027.

means the performance of the Company [and its Affiliates] against the following environmental key performance indicators: • Scope 1, 2 and 3 Emissions, which will be measured in accordance with [The Greenhouse Gas Protocol — A Corporate Accounting and Reporting Standard OR the Global Reporting Initiative (GRI) Standards (305)]; • Environmental Management Systems, which will be measured in accordance with the requirements of [insert, eg ISO 14001]; • Impact on Biodiversity, which will be measured in accordance with [the International Union for Conservation of Nature Guidelines for planning and monitoring corporate biodiversity performance OR International Finance Corporation’s Environmental and Social Performance Standard 6 – Biodiversity Conservation and Sustainable Management of Living Natural Resources OR GRI Biodiversity Standard (304)]; • Energy Consumption, which will be measured in accordance with [insert, eg GR1 Energy Standard (302)]; • Waste Production, which will be measured in accordance with [International Finance Corporation’s Environmental and Social Performance Standard 3 – Resource Efficiency and Pollution Prevention OR DEFRA Environmental Key Performance Indicators – KPI 12 OR GRI Waste Standard (306)]; • Emissions to Water, which will be measured in accordance with [insert, eg DEFRA Environmental Key Performance Indicators – KPIs 7-8]; • Emissions to Land, which will be measured in accordance with [insert, eg DEFRA Environmental Key Performance Indicators – KPIs 9-11 and 13]; and • Emissions to Air, which will be measured by the [insert, eg UK and EU Air Quality Limits]. The Company’s performance will be measured by an Independent Expert, appointed by the Parties in accordance with Clause [insert clause number], who will publish a report on the Company’s performance every [quarter/month]. OR Environmental Performance means all or any of the following in relation to the Premises, the Building and/or the Estate: (a) the source of materials; (b) the use of materials; (c) energy sources and consumption; (d) water sources, consumption and discharge; (e) flexibility, durability and resilience; (f) pollution and waste processing; (g) transport; (h) landscape and ecology; (i) deconstruction and disposal; (j) waste generation and management; (k) Greenhouse Gas Emissions; and/or (l) other adverse environmental impacts.]

means the state of sustainability of a country as measured by the Yale Centre for Environmental Law and Policy using 32 performance indicators across 11 issue categories covering environmental health and ecosystem vitality and set out in its Environmental Performance Index.

The need for environmental protection Septic tanks and small sewage treatment plants are wastewater systems for domestic sewage that are used when properties are not connected to the mains sewage network. In England, wastewater should be discharged to the public foul sewer whenever it is reasonable to do so. In deciding whether connection is reasonable, the Environment Agency (EA) takes account of comparative cost, physical barriers and environmental benefits. It is likely to regard connection as reasonable where any boundary of the premises served is within 30 metres of a public foul sewer for a single domestic property, or within a distance calculated by multiplying 30 metres by the number of houses for a development of more than one property. For premises that are not wholly domestic, the EA also applies a volume based distance calculation. In Wales, private domestic sewage treatment in a sewered area is only permissible if connection to the public sewer is not feasible. Generally, Natural Resources Wales (NRW) treats connection as feasible where the boundary

Introduction Environmental permitting is one of the main environmental regulatory regimes in the UK. It aims to manage pollution and emissions into the environment from industrial and other activities. It is a key component of UK business regulation, designed to control and regulate activities which have the potential to cause pollution of the environment or harm to human health. Environmental permits impose a range of conditions governing the construction, operation and eventual decommissioning of a regulated facility, as well as how regulated activities may be carried out. This Practice Note considers the procedures relating to enforcement, offences and civil sanctions under the primary legislative provisions the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 provide a single, unified permitting regime for facilities and activities. For more information on other key aspects of EPR 2016, see Practice Notes: Environmental Permitting Regulations 2016—permit determinations and appeals and Environmental Permitting Regulations 2016—permits, applications and exemptions. The EPR 2016 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675

Introduction What is groundwater? Put simply, groundwater is water stored below the ground. It is collected when it rains then soaks into the soil and permeates through soil and rock to aquifers which are layers of porous rock or sediment. The British Geological Survey notes that groundwater provides around one third of public water supply in England and makes an important contribution in Wales and Scotland. What is groundwater activity Government guidance notes that groundwater activity is, in summary: • the discharge of a pollutant that results in or might lead to a direct or indirect input to groundwater • any other discharge that might lead to a direct or indirect input of a pollutant to groundwater • an activity in respect of which a notice under Schedule 22 has taken effect • an activity that might lead to a discharge mentioned above where that activity is carried on as part of the operation of a regulated facility of another class The guidance adds that it is an offence to cause or knowingly

Relevant Legislation The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 set out the environmental permitting and compliance regime that applies in England and Wales to various activities and industries. Solvent emissions activities are covered in EPR 2016, Sch 14. EPR 2016 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010, SI 2010/675 (ER 2010). EPR 2016 implemented the necessary requirements of the Industrial Emissions Directive 2010/75/EU (IED). Under EPR 2016 Schedule 14 regulatory functions must be exercised to ensure compliance with certain articles of the IED. Post-Brexit, references to the IED are to be read in accordance with EPR 2016, Schedule 1A, para 6. For information on the Industrial Emissions Directive, see EU Practice Note: Industrial and Livestock Rearing Emissions Directive 2010/75/EU. Requirement for an environmental permit Permits are required for specified activities which are considered to have the potential to harm the environment or human health. Solvent emissions activities, unless excluded, will require an environmental permit. ‘Permit’ means

History of environmental permitting Since 6 April 2008, the following regulatory regimes have been brought within the current environmental permitting regime: • the Integrated Pollution Prevention and Control Directive 2008/1/EC and the Industrial Emissions Directive 2010/75/EC • waste management licensing • the Mining Waste Directive 2006/21/EC • permitting aspects of the Batteries Directive 2006/66/EC • water discharge consents and flood defence consents which were previously dealt with under Water Resources Act 1991 • the groundwater permitting system previously dealt with under Groundwater (England and Wales) Regulations 2009, SI 2009/2902 • regulation of radioactive substances, previously dealt with under Radioactive Substances Act 1993 • solvent emissions, previously dealt with under a number of directives including the Intergrated Pollution Prevention and Control Directive 2008/1/EC, the Waste Incineration Directive 2000/76/EC and the Solvent Emissions Directive 1999/13/EC The Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 came into force on 1 January 2017. The EPR 2016, SI 2016/1154 consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010),

Waste from extractive operations (‘mining waste’) includes materials that must be removed to gain access to mineral resources (but are not actually processed) such as topsoil, overburden and waste rock, as well as tailings (the material left over after the process of extracting the valuable material from an ore). Some of these wastes are inert and unlikely to pose a significant environmental threat, others, in particular those generated by the non-ferrous metal mining industry, may contain hazardous substances, such as heavy metals. For more information see Practice Note: Waste types and controls—extractive waste/mining waste The regulation of mining waste in England and Wales is primarily through the Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 (as variously amended) which is the main regulatory legislation governing the environmental permitting and compliance regime which applies to various activities and industries. EPR 2016 came into force on 1 January 2017 and consolidated all of the amendments to the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675. EPR 2016 transposed the

Environmental permitting is one of the main environmental regulatory regimes in the UK. It aims to manage pollution and emissions into the environment from industrial and other activities. It is a key component of UK business regulation, designed to control and regulate activities which have the potential to cause pollution of the environment or harm to human health. Environmental permits impose a range of conditions governing the construction, operation and eventual decommissioning of a regulated facility, as well as how regulated activities may be carried out. This Practice Note considers the procedures that apply in determining whether to grant an environmental permit under Environmental Permitting (England and Wales) Regulations 2016 (EPR 2016), SI 2016/1154 and the conditions that should apply. It also covers the procedure for making an appeal against a decision. The EPR 2016 provide a single, unified permitting regime for facilities and activities. They consolidated and revoked the Environmental Permitting (England and Wales) Regulations 2010 (EPR 2010), SI 2010/675, which had been amended on numerous occasions. They are

Introduction Environmental permitting is one of the main environmental regulatory regimes in the UK. It aims to manage pollution and emissions into the environment from industrial and other activities. It is a key component of UK business regulation, designed to control and regulate activities which have the potential to cause pollution of the environment or harm to human health. Environmental permits impose a range of conditions governing the construction, operation and eventual decommissioning of a regulated facility, as well as how regulated activities may be carried out The primary regulatory agencies are the Environment Agency (EA) in England, the Natural Resources Body for Wales (NRW), the Scottish Environment Protection Agency (SEPA) and the Northern Ireland Environment Agency (NIEA). Local authorities also have a role in regulating the less polluting processes and facilities. The lead government departments/bodies (the appropriate authorities) are the Department for Environment, Food and Rural Affairs (Defra) for England together with the Secretary of State for Environment, Food and Rural Affairs (the Secretary of State); Welsh Ministers; Scottish

This Practice Note looks at the objectives and principles of radioactive substances regulation in England and Wales, including justification, protecting wildlife, best available techniques (BAT) and key environmental permitting requirements for radioactive substance activities. What are the key principles and purpose of radioactive substances regulation? In December 2021, the Environment Agency (EA) published guidance on its objectives and principles for the radioactive substances regulation. The RSR objective is ‘to protect people and the environment from the harmful effects of ionising radiation, now and in the future. [We] also aim to protect and enhance the environment as a whole. [We] fulfil this objective by applying relevant legislation, government policy and international standards’. The principles for radioactive substances regulation are: • justification—a permit for a practice involving radioactive substances will only be granted if it is justified. Decisions made about the remediation of land contaminated with radioactivity, or in emergencies, should do more good than harm • optimisation—radiological protection must be optimised to make sure that people’s exposure to ionising radiation from the