Environmental Permitting (Waste Controlling or Transporting) and Relevant Functions of Primary Authorities (Amendment) (England) Regulations 2026

Debate between Baroness Hayman of Ullock and Baroness Coffey

Tuesday 14th July 2026 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Baroness Hayman of Ullock) (Lab)]

My Lords, these regulations were laid before the House on 20 May 2026. I would like to acknowledge the work of the Secondary Legislation Scrutiny Committee in its review of this statutory instrument. The committee’s scrutiny is a vital part of our legislative process, ensuring that the policy intentions behind secondary legislation are clear and well-founded.

Waste crime blights our communities—across our streets, fields and woodlands, criminals dump waste illegally. This an eyesore and causes damage to our environment. A light-touch registration system for those who transport and deal in waste has been exploited over the years by waste cowboys who dump waste and leave a huge clean-up bill. This system is not fit for purpose. Today we seek to reform it, introducing stricter checks and requirements, closing the loopholes that allow illegal operators into our waste system.

We will bring those in England who control and transport waste within the scope of the 2016 environmental permitting regulations, while repealing the current carriers, brokers and dealers’ registration system. These regulations will introduce permits for those who control and transport waste, bringing the system in line with site-based waste activities. Permitting will mean that those who apply will need to undergo a stricter range of background checks, including criminal record checks, as well as demonstrating that they are technically competent to do the job.

The new system of permitting will be managed the Environment Agency, which will be responsible for managing applications and ensuring compliance. The Environment Agency will be able to suspend and ultimately revoke permits where conditions are breached. It will be able to prosecute, leading to fines or up to five years’ imprisonment. The fees introduced for permits will mean that the Environment Agency will be effectively resourced for compliance work.

These regulations will make it easier for the public to trust the people they hand their waste to. Alongside permits being able to be checked online, we are requiring that waste controllers and transporters include their permit number on advertising. Whether this is a Facebook ad or a branded van, the public will be able to spot and check on the operators they work with.

This reform is one of a number outlined in the Government’s Waste Crime Action Plan, published in March, which together strengthen the regulatory framework and the Environment Agency’s ability to prevent, detect and act against waste crime. We have taken further legislative action by replacing outdated paper-based methods for monitoring waste movements with digital waste tracking. We will also be tightening the waste permit exemptions system by removing three exemptions and tightening the conditions of seven others that have long been abused by waste criminals.

Alongside the reforms, it is important that we provide those responsible for tackling waste crime with the tools needed to effectively stamp it out. We have committed an additional £45 million for the Environment Agency to spend on waste crime enforcement over the next three financial years to support this. This funding will mean that there are more boots on the ground to expand its enforcement activity and ensure waste criminals face the consequences.

I want to acknowledge the strength of support from the industry and its patience over the years as it has been developed. These regulations represent a significant change for the waste system and will help level the playing field for operators, as well as protecting our communities and the environment from waste criminals.

Alongside the reforms to the carriers, brokers and dealers’ system, the regulations also bring the Environment Act 2021 into the scope of primary authority by adding it to Schedule 3 to the Regulatory Enforcement and Sanction Act. Primary authority is a means for businesses to receive assured and tailored advice on meeting regulations such as environmental health, trading standards and fire safety through a single point of contact. This amendment is particularly necessary to enable primary authorities to play a role in effectively supporting retailers in undertaking their obligations as required in the deposit return scheme. I beg to move.

[Baroness Coffey (Con)]

My Lords, I briefly want to congratulate the Government and to say, well done. I think this was first put forward eight years ago, and it is finally happening. I appreciate it is not happening until next year, but we need to recognise the long amount of time it took to get here. I hope the results will be very rapid.

Thames Water

Debate between Baroness Hayman of Ullock and Baroness Coffey

Wednesday 17th June 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

It is because that is the generally understood figure. That is why we go with that figure.

[Baroness Coffey (Con)]

My Lords, the action by the Secretary of State in her letter is good. I fully support what she wrote regarding this proposition. Without going back on all the leverage, the main leverage issue on Thames Water happened in 2006. For some reason Ofwat did not follow entirely the strategy policy statement that was set out by my noble friend Lord Gove when he was there, but only for Thames Water. There clearly is an issue in that regard. Would the Minister consider working with her fellow Ministers on changing the geographic reach of Thames Water? The risk is that it is too big to fail when it should not be. Meanwhile, it has shown that it can do projects well, on such things as the Thames Tideway tunnel, which it did in partnership with Bazalgette Tunnel Ltd.

[Baroness Hayman of Ullock (Lab)]

That is an interesting point and it is being discussed. Thames Water is huge and has quite different catchment areas. I remember going on a boat to look at the successful tidal project in London that the noble Baroness talked about, in the early days. It was fantastic. However, you then have the much more rural, upstream part of Thames Water. It is very difficult. It is for whoever ends up owning it—what do they want to own? If you take away part of it, does it become less attractive? It is a complex issue but I know that it is being discussed.

--- Later in debate ---

[Baroness Hayman of Ullock (Lab)]

I know the Abingdon area applications very well. In a previous life I worked in communications on major infrastructure, and I remember it crossing my path probably 20 years ago now.

[Baroness Coffey (Con)]

My Lords, part of the reason why there have not been quite so many new reservoirs in such a long time is that the water industry has got more efficient in its distribution of water. I am conscious that there is still leakage. The capacity of the Hanningfield reservoir in Essex was expanded by 50%. There is no doubt that some of the challenges in housing are to do with nutrient regulations. But bearing in mind what other noble Lords have said, would it be worth while for the Government to accelerate the creation of a special purpose vehicle to get on with the Abingdon reservoir? Anglian Water is getting on with its two planned reservoirs and is going through the planning process as we speak.

[Baroness Hayman of Ullock (Lab)]

That is an interesting suggestion by the noble Baroness and one that I am happy to take back to the department.

Water Companies

Debate between Baroness Hayman of Ullock and Baroness Coffey

Tuesday 9th June 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

We are not telling farmers and landowners that they cannot do that. There are ways in which we can work with farmers and landowners to allow the building of small water-holding areas. I will discuss this further with the Farming Minister, but it is something that we are already looking at.

[Baroness Coffey (Con)]

My Lords, the Minister was kind enough to reply to my Written Questions about what the Environment Agency in 2021 said was going to be its biggest ever criminal investigation. Five years on, with six charges potentially laid, there has been only one conviction so far. I encourage the Minister to work with her colleagues and fellow Ministers so that, when the water Bill does come through, a lot more power is given to the Secretary of State, as is happening with the Health Bill, so that we can get a move on with making sure that people go to jail when they need to and that we avoid this systemic failure in the first place.

[Baroness Hayman of Ullock (Lab)]

The noble Baroness raises an important point, not just on the water Bill that is coming forward but more broadly. I get very frustrated when we put in laws that should make a difference and then enforcement does not happen or things take too long. It is a really important point that the noble Baroness makes. Obviously, we will be debating the clean water Bill, and I am sure that enforcement and what we do about criminal behaviour will be part of those discussions.

Forest-Risk Commodities

Debate between Baroness Hayman of Ullock and Baroness Coffey

Monday 2nd March 2026 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

Due diligence, particularly around trade and standards, is incredibly important. We want, as I am sure the noble Baroness is aware, to grow our economy in this country, but at the same time we must support business and ensure that we are doing so in a way that is sustainable—whether it is to do with the environment or human rights and so on. We discussed the issues she talks about with the Department of Trade, and we will continue to have very close discussions with it on how we continue to grow sustainable businesses in this country.

[Baroness Coffey (Con)]

My Lords, regulations about forest-risk commodities were starting to be drawn up in 2023. In August 2024, the Labour Government said that they supported the policy and would work on it. It is really concerning to hear the Minister now say that they are still considering this policy. I know there was an issue connected with aspects of Northern Ireland, but can the Minister please say what is going on? Are they now going to change to the EU regulations which were decried around the world, or can we press on so that we can do something to help save the planet?

[Baroness Hayman of Ullock (Lab)]

I shall take the noble Baroness’s concerns back to Defra because they are fair. But the issue is that we must make sure that we get the best regulatory approach to address deforestation in our supply chains. There are a number of factors we are considering, and I will just mention a couple. First is the compatibility of the forest-risk commodities approach which is enshrined in Schedule 17 to the Environment Act 2021 and the EU’s deforestation regulations. The issue is the differences between them—the EU approach introduces a strict deforestation-free standard and customs controls, whereas the Environment Act addresses illegal deforestation. The Government’s ongoing review of the UK’s approach to responsible business conduct that I just mentioned, led by the Department for Business and Trade, is also looking at the effectiveness of the UK’s approach to preventing human rights harms and environmental harms in supply chains. We must tie all this together if we are going to get it right and make it effective.

Planning and Infrastructure Bill

Debate between Baroness Hayman of Ullock and Baroness Coffey

Committee stage
Wednesday 17th September 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, I thank noble Lords for their contributions to this debate. I will talk first to Amendment 335, which was moved by the noble Baroness, Lady Coffey. It would require developers to establish a biodiversity baseline before development begins. Through biodiversity net gain, developers are already required to provide a site baseline, using the statutory biodiversity metric, as part of their planning application for Town and Country Planning Act developments. The biggest developers are also going to be required to do so from May next year, when it is extended to nationally significant infrastructure projects.

On Amendment 336, the Government agree that it is important that the use of offsite biodiversity gains by developers is justified. As part of the statutory biodiversity net gain framework, decision-makers need to take account of the biodiversity gain hierarchy, which prioritises, first, the onsite delivery of net gains. Again, this is distinct from the NRF, but we are not convinced that there needs to be a further duty on the decision-maker to prepare a statement justifying each offsite gain. The biodiversity net gain framework already requires a developer to provide information about why the use of offsite gains is required as part of the approval of the statutory BNG plan. It would be disproportionate to require decision-makers to prepare a further statement justifying the use and would add additional burdens on local planning authorities, especially for their ecologists, for little further benefit.

Turning to Amendment 339, which I thank the noble Baroness, Lady Grender, for tabling, I will say that the National Planning Policy Framework is clear that decision-makers should contribute to and enhance the environment by protecting and enhancing valued landscapes and sites of biodiversity value. Local plans are required to identify, map and safeguard components of local wildlife-rich habitats and wider ecological networks, including the hierarchy of international, national and locally designated sites of importance and areas identified by national and local partnerships for habitat management, enhancement, restoration or creation. Furthermore, the Environment Act 2021 introduced local nature recovery strategies, which are now being rolled out across the country.

These spatial strategies for environmental improvement are developed in partnership with local stakeholders and enable strategic authorities to agree a set of priorities for nature recovery. They also map out the most valuable existing areas for nature, which are often underpinned by other protections in the planning system, and areas which could become of particular importance for biodiversity. Strategic and local planning authorities will need to take local nature recovery strategies into account when planning for development under legal provisions in the Levelling-up and Regeneration Act and the Planning and Infrastructure Bill. Where it is appropriate for large areas of habitat to be conserved or enhanced, local nature recovery strategies provide a mechanism to do so.

Local nature recovery strategies allow local areas to determine the best opportunities to take action for nature restoration, while also planning for any development needed in the area. In February, we published guidance setting out the role of the local nature recovery strategies in the planning system, and we are exploring how we can best reflect them in policy through our wider work.

The application of planning policy through up-to-date strategic development strategies and local plans, which consider local nature recovery strategies, will ensure that local people are equipped to make decisions about where habitat enhancement and creation can drive the best environmental outcomes. Therefore, while I understand the intent behind this amendment and agree that promoting nature restoration at scale is an important objective, the legislative framework to enable this is already in place.

On Amendment 341, we recognise that ponds can deliver important biodiversity benefits, and we want to encourage them in the right locations. We also recognise the benefits of ponds for farmers, providing valuable sources of irrigation during dry periods. The noble Earl, Lord Caithness, mentioned the recent flooding; of course, things such as balancing ponds can be really helpful.

Permitted development rights are a well-established part of the planning system. For example, under an agricultural permitted development right, farmers can create ponds and on-farm reservoirs, subject to certain limitations and conditions, to manage and control impacts. Meanwhile, home owners can create new ponds in their gardens under householder permitted development rights.

Changes to permitted development rights are brought forward through secondary legislation as amendments to the general permitted development order. A public consultation would ensure that the views of the public, including those who would benefit from the rights created, are taken into account. It would also allow for consideration of any potential impacts of the proposal and how these might be mitigated.

The amendment seeks to provide a national planning permission for ponds across the whole of England, regardless of whether one would be appropriate in a particular location, such as on land used for public recreation or in an area where it could increase flood risks. To ensure that ponds are properly located, there are circumstances in which a planning application is appropriate. On that basis, we cannot support the amendment. However, I assure noble Lords that we will continue to keep permitted development rights under review.

Turning to Amendment 346, tabled by the noble Baroness, Lady Bennett, while obviously I understand the ambition to improve information on the state of contaminated land in England, I also believe that the policy intent of her proposals is largely met by existing legislation and statutory guidance.

Part IIA of the Environmental Protection Act 1990 provides a framework for identifying contaminated land in England and allocating responsibility for its remediation. It provides a legal definition of contaminated land and lays out the responsibilities of local authorities and the Environment Agency for dealing with contaminated land. These responsibilities include local authorities inspecting their area to identify where land may be contaminated, and maintaining a public register of land that has been identified as contaminated land. Local authorities and the Environment Agency are also required to ensure that “appropriate persons” remediate these sites.

Additionally, there is a statutory obligation for local authorities to report to the Government on the state of contaminated land in their area when asked to. Defra commissioned the Environment Agency in November 2024 to complete a state of contaminated land survey, and a subsequent report, and we will soon release the survey to local authorities. Regarding the noble Baroness’s question about Zane, I just want to clarify that the previous Secretary of State, Steve Reed, did meet Zane’s family, and it was following that meeting that the state of contaminated land survey was commissioned. We are looking to release it to local authorities to respond to very soon—this month—and we are aiming to publish the final report in spring next year.

Given that the existing frameworks are already embedded into legislation and guidance, Amendment 346 would cause unnecessary duplication and distraction for local authorities. Therefore, while obviously I completely appreciate the noble Baroness’s concerns, I would ask her not to press her amendment, and I will check the other questions she asked and get back to her in writing.

Amendment 345, introduced by the noble Baroness, Lady Grender, wishes to create the new category of “heritage trees” and give them further protection. The National Planning Policy Framework recognises the benefits from natural capital and ecosystem services, which trees and woodlands provide. We are clear that opportunities should be taken to incorporate trees into new developments, and that existing trees should be retained whenever possible. Moreover, development that results in the loss or deterioration of ancient woodlands or ancient or veteran trees should be refused unless there are wholly exceptional reasons, and a suitable compensation strategy exists.

Aside from these protections at national level, there are tree preservation orders, a key method of protecting trees and woodlands in England; and authorities are already expected to take into account the historic, cultural and ecological value of a tree. Local planning authorities are also required to notify relevant parties when the order is made so that they can encourage good tree management, particularly when determining planning applications. Local officers have powers to enforce protections, and an order makes it a criminal offence to cut down, prune, uproot, or wilfully damage or destroy a tree without the local authority’s written permission. Regarding the Sycamore Gap, the people who cut that down have actually gone to prison.

We are concerned that the creation of a new category of heritage trees could cause confusion and add to burdens on both Natural England and local authorities without the commensurate benefits. My noble friend asked about the Tree Council report, and I can say that Defra is working on a tree strategy, which I am sure she will take great interest in when she sees it.

Amendment 346A seeks to place an additional nature duty on forestry authorities when exercising their functions in planning, development and infrastructure on protected landscapes. We share the aims of the amendment and agree that public bodies should fully contribute to nature conservation and biodiversity recovery.

However, the objectives of the amendment are already embedded in the statutory and policy framework that forestry authorities operate within. Where renewable electricity development on the public forest estate is consented through the development consent order process for NSIPs, the national policy statements will apply, and the Overarching National Policy Statement for Energy stipulates:

“In considering any proposed development … the Secretary of State should take into account … its potential adverse impacts, including on the environment, and including any long-term and cumulative adverse impacts … at national, regional and local levels”.


Furthermore, forestry authorities already have relevant and bespoke duties applicable to all land, and this balancing duty is a statutory obligation laid out in the Forestry Act 1967, requiring them to balance their forestry-specific duties with the conservation and enhancement of natural beauty. Although I welcome the spirit of the amendment, I do not believe it is necessary to introduce this new statutory nature duty, as outlined in it.

Amendment 346DC, tabled by the noble Lord, Lord Lucas, seeks to remove potential obstacles which may arise from Sections 1 or 3 of the Wildlife and Countryside Act. We recognise the desire to clarify the position of development when it comes to exceptions from these obligations and offences towards wild birds. However, where impacts are unavoidable, development activity can already be exempted as lawful action in the existing list of exemptions under Section 4 of the Act. We will, however, carefully consider how to better manage the interactions between protected species and development both through the NRF and as part of our wider efforts to improve the regulatory landscape.

Having said all that, I hope that the noble Baroness will feel able to withdraw her amendment.

[Baroness Coffey (Con)]

My Lords, we have had another one of those odds and sods groups, with the desire to perhaps insert or add permitted development rights. I am sure that the Minister will recognise my disappointment about what she said about ponds. She will be aware that this is the only opportunity for Peers who are not Ministers to try to get some secondary regulations through and enacted. I am conscious that there was sufficient encouragement for many others in the aims of trying to improve nature, which is what many of the amendments were about. With that, I beg leave to withdraw Amendment 335.

Warm Home Discount (Amendment) Regulations 2025

Debate between Baroness Hayman of Ullock and Baroness Coffey

Wednesday 3rd September 2025 Grand Committee

[Baroness Coffey (Con)]

I thank the Minister for her response. There were a few questions, which I believe her officials will have noted. I appreciate that UC and DWP are different, but the Secondary Legislation Scrutiny Committee said that DESNZ assumes that 28% of people will not get this discount despite the other matter. I am sure that the Government will get the other Minister—the one from DESNZ—to reply, but I am grateful to this Minister for her responses so far.

[Baroness Hayman of Ullock (Lab)]

I am sure that we can comb through Hansard and make sure that proper, detailed information is provided to the noble Baroness on the issues that she raised.

This scheme has been running for 14 years now. Over that time, more than £4 billion-worth of direct assistance has been provided to low-income and vulnerable households. These regulations will build on that legacy by allowing support to reach more people this winter, including vulnerable households that were previously shut out of the scheme.

Sustainable Farming Incentive

Debate between Baroness Hayman of Ullock and Baroness Coffey

Tuesday 18th March 2025 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

The noble Baroness’s question references a lot of the longer-term work that Defra is doing to get these things right. Regarding solar farms, the land-use framework is designed to look at things such as where we put energy, where the best-quality agricultural land is, where we put housing and so on. The land-use framework looks to address much of that.

Regarding what farmers should be doing, whether their first priority is to produce food and so on, we are developing the food strategy and the 25-year road map for farming. Both are looking at how we address this and how we ensure that we have high-quality, sustainable food production in this country for us to become as self-sufficient as is practically possible. These are important long-term pieces of work that the department is doing. We wanted to move away from short-term decision-making that did not deliver in the long run. A big criticism of what has happened with the sustainable farming initiative is that it was too short-term. Taking that bigger picture view, to give farmers certainty for the future, is a really important piece of work that the department is doing.

[Baroness Coffey (Con)]

My Lords, I know that the Minister is a friend of farmers and recognise her experience in Cumbria and her previous time as a Member of Parliament. She will know that farmers are disappointed. The money that is available through SFI was always intended to increase over the five years of the agricultural transition, so it is no surprise that more and more farms have come in. A record 65,000 are now in agri-agreements. I am really worried in a different way about the intensification of food production, which will actually hamper the progress that had been made in getting farmers signed up to nature. Let us be candid: the ambitious but practical nature targets can be achieved only with the help of farmers and landowners across our country.

[Baroness Hayman of Ullock (Lab)]

The noble Baroness makes a really good point about the increasing intensification of farming, and that is something we do not want to see. Our focus has to be on high-quality sustainable food that we can buy locally, and on farmers being able to support the country. We said in our manifesto,

“food security is national security”

and that is very true. It is incumbent on us as the Government to look at how we deliver on that promise.

High Seas Treaty

Debate between Baroness Hayman of Ullock and Baroness Coffey

Monday 10th March 2025 Lords Chamber

[Baroness Coffey (Con)]

My Lords, as Environment Secretary, I visited several marine protected areas in 2023. I accompanied my noble friend Lord Ahmad when the United Kingdom signed the agreement in New York. I am really concerned, given that officials had shared with MPs and Peers last year that a Bill would be ready by the end of 2024. I am sure that there is sufficient agreement on both sides of the House to get this legislation through in time for the conference to which the noble Baroness, Lady Boycott, referred. It would be really embarrassing for the United Kingdom not to be a full member of the first UN ocean COP in June.

[Baroness Hayman of Ullock (Lab)]

Let me confirm that the Government are completely committed to ratification of the BBNJ agreement, in line with our determination to re-invigorate the UK’s wider international leadership on climate and nature. We are working on the measures needed to implement the detailed and very complex provisions of the agreement before we can formally ratify.