Burges Salmon proudly sponsors UKELA South West and Legal Voices for the Future Event on the Environmental Permitting Regime

Burges Salmon was delighted to host and sponsor an inaugural joint event between the UK Environmental Law Association (UKELA)’s South West Regional Group and Legal Voices for the Future at our Bristol office on 20 November. The hybrid session brought together legal and technical experts to explore the evolving Environmental Permitting Regime (EPR) and its implications for both industry and the relevant regulators. The event was followed by drinks and networking.

Key themes raised during the session included the fitness for purpose of the EPR, divergence between EU and UK approaches, proportionality of potential new measures and a shift towards a circular economy. The event provided valuable insights for legal and non-legal professionals into what preparation might be needed ahead of regulatory change and navigating the upcoming modifications to the EPR.

The panel featured a spectrum of leading voices in environmental law and compliance.

Marcus Reynolds, Senior Managing Consultant at Ramboll, explored whether the EPR remains fit for purpose, particularly in the industrial sector. He summarised the development of UK-specific Best Available Techniques (BAT) since Brexit, addressed the unique permitting challenges for data centres and issues which arise with water abstraction and trade effluent regulations. Looking ahead, Marcus highlighted DEFRA’s recent consultation on reforms to the environmental permitting regime for industrial emissions in England, including considerations for battery energy storage systems, battery manufacturing and the increasing regulatory burden on industry. In closing comments, Marcus speculated on the impact of the EU’s Industrial Emissions Directive, which does not apply in the UK but could influence future direction, especially around circular economy provisions and hydrogen permitting.

Jo Pope, Environmental and Permit Assurance Manager at Pennon Group plc, focused on the water industry’s experience with EPR and compliance. Jo outlined the static nature of discharge permits and emphasised that the approach to assessment, enforcement and public reporting is rapidly evolving. Jo also explored the increased compliance scrutiny which water companies are facing from the Environment Agency and the newly published guidance which is expected to boost pollution incident reporting. The upcoming Asset Management Period (AMP8) investment cycle and regulatory changes, such as the Water (Special Measures) Act 2025, are driving further adaptation.

In the medium to long term, Jo discussed anticipated regulatory restructuring, referencing the Cunliffe Review, the proposed single water regulator and open, self-monitoring systems. She highlighted the push for digital transformation, including proposals for automated permitting platforms and the potential of real-time compliance dashboards. Jo’s conclusion centred on the possible reinvention of compliance, including continuous monitoring, catchment planning, AI-driven trend prediction and a move towards assessing cumulative impacts in line with EU standards.

The third speaker, Lord Banner KC of Keating Chambers rounded off the session with an insightful overview of the discussion, citing his experience of EPR (having mind to the recent DEFRA consultation on modernising EPR for industry) from a legislative standpoint. He emphasised a drive towards proportionality in regulation, observing mixed messages and a lack of consistent principles across the relevant legislation. Lord Banner also raised concerns about the potentially disproportionate demands of retrofitting and retrospective regulatory changes, which could undermine investment, addressed conflicts and ambiguities between EPR and other regimes, such as planning and infrastructure, and questioned how innovation could be unlocked, especially regarding data centres’ energy and water demands.

Lord Banner also discussed the potential for AI to assist both regulators and applicants within EPR, noting that a significant proportion of permit applications currently lack sufficient information. He considered the likely parliamentary timetable for new EPR legislation to come into force, suggesting that, while DEFRA’s review of the EPR following its recent consultation on modernising EPR for industry is moving forward, it is likely that implementing legislation may take a number of years to reach royal assent. 

Key takeaways

Chaired by Nina Pindham, UKELA Chair and barrister at Cornerstone Barristers, the panel delved into areas where friction is emerging between regulatory requirements and operational realities, such as compliance frameworks, data centre permitting and water quality monitoring. Speakers highlighted short- and long-term challenges including increased scrutiny, public reporting pressures and anticipated reforms through future consultations and legislative developments.

The session ended with a creative plenary session, a key feature of Legal Voices for the Future events, where attendees were encouraged to discuss the themes explored by the panel from a more creative angle, prompted by the use of AI generated images.

Burges Salmon remains committed to supporting dialogue on critical environmental issues and fostering collaboration across sectors. For more information on our environmental law expertise, please visit Burges Salmon Environment.

This article was written by Sasha Anisman.