The Government was defeated on two key votes in the House of Lords last night in its attempt to change existing legislation on nutrient neutrality for housing developments which protect river water quality and to give itself powers to further amend protections without proper scrutiny.

The House of Lords was debating the proposed changes which the Government was seeking to introduce via an amendment to the Levelling-up and Regeneration Bill. As the changes were introduced at a late stage in the passage of the Bill, it will not return to the House of Commons where the Government could have sought to drive the proposals through.

Peers from all parties in the House of Lords voted against the Government’s proposal to remove a requirement for developers to offset any extra nutrient pollution they cause in sensitive areas under the Habitats Directive by 203 votes to 156, a majority of 47. The Environment Secretary Thérèse Coffey and Housing Secretary Michael Gove had been seeking for the end of what they described as “defective” EU laws.

The peers also voted against a separate amendment which has been described as the “Henry VIII power.” Environment Act requires Ministers to set out to Parliament where a proposed change in the law reduces environmental protection.

At the start of September Dame Glenys Stacey, Chair of the Office for Environmental Protection, wrote to both Ministers warning them that proposed changes would demonstrably reduce the level of environmental protection provided for in existing environmental law. In addition, the Government had not adequately explained how, alongside such weakening of environmental law, new policy measures will ensure it still meets its objectives for water quality and protected site condition.