Welcome to the Freeths Environmental Law team’s monthly blog, setting out what the team considers to be the most important and significant environmental legal and policy updates from April 2026.
Planning & the Environment
Biodiversity Net Gain
On 15 April, Defra published its long-awaited consultation responses on biodiversity net gain (“BNG”).
BNG for Nationally Significant Infrastructure Projects (“NSIPs”):
- Mandatory BNG for NSIPs is being delayed again. It will now apply to Development Consent Order (“DCO”) applications submitted on or after 2 November 2026
- Biodiversity gain statements for each National Policy Statement (“NPS”) (expected in May 2026) will set out the biodiversity gain objective and the process for calculating, demonstrating and verifying biodiversity gains. Once BNG for NSIPs is live, the statements will have effect as if they form part of the relevant NPS and will be formally incorporated when each NPS is next reviewed
- BNG can be delivered on-site or off-site, rather than being subject to a preference for on-site BNG. This reflects Defra’s view that the scale of NSIPs may “produce better ecological outcomes through strategic delivery that may involve off-site gains”
Implementation of BNG for Minor, medium and brownfield development:
- As previously announced, all development on sites of 0.2ha or less will be exempt, unless priority habitats are affected. This is expected to remove around 50% of residential permissions from mandatory BNG
- As well as the above:
- The exemption for small-scale self-build and custom build development will be removed
- There will be no immediate change to the ‘de minimis’ exemption; and
- New exemptions will be introduced for biodiversity-led development, temporary planning permissions and development enhancing parks, public gardens, or playing fields
Secondary legislation is expected before summer recess, with changes intended to come into force before 31 July 2026.
Defra is also consulting (until 10 June) on a potential exemption from BNG for certain residential developments on brownfield land.
See Partner and Head of Environmental Law Penny Simpson’s thoughts here.
Permitting
Industrial Emissions
On 15 April 2026, Defra published its consultation response on proposals to modernise the environmental permitting framework for industrial emissions.
Over the next year, Defra plans further policy development to speed up approvals for R&D trials, introduce a more dynamic approach to Best Available Techniques (“BAT”), create a more flexible and tiered permitting system and reform local authority fees and charges. Exemptions from permitting for certain R&D and generator testing activities are also proposed.
Defra will also consider new or updated permitting requirements for a range of activities, including data centres and back-up generators, hydrogen production, carbon capture, battery manufacturing and alternative thermal treatment.
These proposals signal a shift towards a more agile permitting framework, intended to better accommodate emerging technologies and innovation-led industrial activity, while reducing regulatory friction and increasing certainty for operators developing or trialling low‑carbon and transitional infrastructure.
More information is available here.
Climate
UK Carbon Border Adjustment Mechanism (“CBAM”)
On 9 April 2026, HM Revenue & Customs (“HMRC”) published a technical consultation on draft secondary legislation that will come into effect, alongside the introduction of the UK CBAM on 1 January 2027.
The CBAM will impose a levy on the greenhouse gas emissions embodied in certain highly traded, carbon-intensive products imported into the UK. The draft secondary legislation relates to the legislative requirements associated with the administration of the tax, including embodied emissions, and monitoring and verification of emissions data.
The consultation closes on 21 May 2026.
Carbon Price Support
On 16 April 2026, the government confirmed its intention to remove the Carbon Price Support (“CPS”) from April 2028.
The CPS is a tax on fossil fuels used in electricity generation, introduced in 2013 to strengthen the carbon price for electricity generation. The government believes the levy “has done its job and is no longer fit for purpose” and will legislate for the removal of the CPS in a future Finance Bill.
The Government statement is available here.
Emissions Trading for Maritime Activities
The Greenhouse Gas Emissions Trading Scheme (Amendment) (Extension to Maritime Activities) Order 2026 was published on 2 April 2026.
The Order expands the UK Emissions Trading Scheme ("ETS") from 1 July 2026 to cover carbon dioxide (CO2), methane (CH4), and nitrogen dioxide (NO2) emissions arising from certain maritime activities.
Operators of certain ships arriving at ports in the UK must obtain an emissions monitoring plan setting out the processes by which emissions associated with their ships’ activities will be determined. For each scheme year, operators must monitor, independently verify, and report their maritime emissions, and subsequently surrender an equivalent number of allowances.
Risk management
ISO 14001:2026 published
A revised edition of ISO 14001 was published on 15 April 2026. The update strengthens the environmental management standard by shifting the focus from stated intention to measurable environmental outcomes, reflecting growing scrutiny of the real-world impacts of organisations’ environmental policies and commitments.
Organisations currently certified under ISO 14001:2015 will need to transition to the revised ISO 14001:2026 standard within their usual certification cycle, which is typically 3 years.
Other resources
Environmental Law Director Richard Broadbent shared his insights with the Environment Journal on the implications of the Dartmoor ‘overgrazing ruling’ for statutory bodies in England.
This month, Richard Broadbent also contributed his views to ENDS on the proposed merger between Natural England and the Environment Agency.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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Penny Simpson
Partner | Head of Natural Capital Law
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Alison Ogley
Partner
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Ben Derrington
Partner
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Richard Broadbent
Director
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Emma Conwell
Director
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Annabel Walker
Senior Associate
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Abigail Pinkerton
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Sam Kharabanda Groom
Senior Associate
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Tom Roberts
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Rebecca Delaney
Senior Associate
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Paul Brailsford
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Penny Simpson
Partner | Head of Natural Capital Law
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