ENVIRONMENTAL charities have warned that new levelling up legislation could effectively give UK Government ministers powers to “weaken protections for nature” in Scotland. 

Scottish Environment Link, who represent more than 40 groups, including the National Trust for Scotland, the Woodland Trust, the RSPB, Friends of the Earth Scotland, the John Muir Trust, and Keep Scotland Beautiful, have urged the UK government to reconsider the proposals.  

The Levelling-up and Regeneration Bill Part 5 aims to replace the EU-derived environmental impact assessment (EIA) into new Environmental Outcome Reports.

EIAs are huge documents which pull together assessments of the likely effect of a proposed development. They are often multi-agency, and the conclusions have to be considered as part of the planning process. 

They are required for all larger developments, or those with significant environmental effects, such as airports, oil refineries, or motorways, They are also often needed for medium size proposals including wind turbines, golf courses, and larger housing proposals.

They often play an important place in the design process.

Under the new proposals, the UK government will have "specified environmental outcomes" which will be “clearer and simpler” and which are “set by government, rather than in Brussels.”

According to law firm Brodies, it is not year clear if this will be a “slight change in emphasis or a fundamentally different approach.”

The Bill, as tabled by the government, says that the devolved administrations only require to be “consulted” by the UK Government. 

Scottish Environment Link, as well as Wildlife and Countryside LINK, Wales Environment LINK, and Northern Ireland Environment LINK, have written to Levelling Up minister Greg Clark with their concerns. 

The letter states: “These proposals are of serious concern to our members because they have the potential to weaken the protection of the environment.”

It continues: “The Scottish Government, Welsh Government and Northern Ireland Executive have developed and legislated for distinctive environmental policies in their jurisdictions. 

“In some cases, we applaud these policies, in others we have argued for different approaches – however, in all cases, they should be scrutinised, agreed and approved by their respective Parliament or Assembly with engagement of civil society at various stages.

“Yet, as it stands, Part 5 of the above Bill extends to the whole of the UK and any proposed EOR regulations containing provisions within the devolved competences must be subject only to consultation with the relevant devolved administration.

“Given the distinctive policies and legislation for the environment, in the devolved jurisdictions, we consider that either matters of devolved competence should be excluded from this power or the approach of consent – rather than simply consult – must apply to EOR regulations.”

A Scottish Government spokesperson said they shared the concerns: "We cannot support the provisions in this Bill that would effectively give UK Government Ministers powers to override these environmental protections in Scotland.

“We are deeply concerned that this may lead to significant divergence if England abandons the current environmental assessment processes that are applied across the UK and which follow a similar framework, share a common legislative heritage, and align with EU regulations.

"We welcome the Environmental charities’ support for proper recognition of devolved competence for the environment in the Bill.”

A UK Government spokesperson said: "We reject these claims entirely.

“Our Levelling Up and Regeneration Bill puts environmental protection at the heart of planning and development.

“We are working closely with devolved administrations as we bring forward these changes, ensuring we respect devolution settlements.”