17 Deferred

Publish an ELMs evaluation programme and annual report detailing uptake, feedback, and soil health impact.

Recommendation
By the end of 2024, the Government should publish an evaluation programme for ELMs. This should be designed alongside the soil health indicators so that they can consistently measure progress on soil health. It should also use anonymised and aggregated data collected by farmers and enable them to feedback into the system directly and regularly. The Government should also publish an annual report detailing: levels of uptake for each scheme; which actions participants are undertaking; how farmer feedback is influencing the development of ELMs; the impact on the environment, including soils; and how this is driving progress towards a set of measurable national targets for soils.
Government Response Summary
The government's response focused on measures to address contaminated soil, including a £78m Land Remediation Pathfinder Scheme, revised guidance for construction sites by summer 2024, and piloting a Soil Reuse and Depot scheme by December 2026, rather than committing to publishing an ELM evaluation programme or annual report by the end of 2024.
Paragraph Reference
64
Government Response
Deferred
HM Government Deferred
To address soil affected by contamination, Part 2A of the Environmental Protection Act 1990 provides local authorities with statutory powers to inspect and seek remediation of potential contaminated sites. Under Defra’s Plan for Water, we are developing a £78m Land Remediation Pathfinder Scheme (LRPS) to provide a grant to Local and Combined Mayoral Authorities in England to alleviate the costs of Landfill Tax where the tax may act as a financial barrier to the remediation and redevelopment of contaminated land. LRPS was announced in the 2023 Autumn Statement. The date from which public bodies will be able to apply for funding will be announced in due course. Subject to applications received, it is expected a number of sites will be selected, with the aim of piloting the scheme in urban, coastal and industrial locations, and on variously sized sites. The tNCEA is using current capital investment to achieve two years of the five years needed for a soil health baseline. In this immediate phase, the tNCEA is collecting data on some inorganic contaminants, such as Arsenic, Lead, Nickel and Cadmium and other potentially toxic elements. Data on organic contaminants such as pesticides and microplastics are not currently being collected within the national monitoring. Soil and DNA samples are being archived and possible small-scale studies using these samples to improve understanding of contaminants and anti-microbial resistance in soils are being explored, with one study using these samples to explore the analysis of ‘microfibres’ in the soil. Recommendation 18 and 19: The Government should set up a soil remediation taskforce in 2024 to tackle the barriers to soil remediation. This should consider the role that new technologies can play with hard-to-remediate soils, as well as the provision of funding to either developers, local authorities or regulators to tackle the cases that the planning system and private sector are incapable of improving. The Taskforce’s proposals should inform the updated Environmental Improvement Plan due by 2028, which should set out how soil remediation will help the Government make progress towards its nature recovery targets. (Paragraph 95) By 2027, the Government should review progress with the Soil Reuse and Depot scheme and revised construction codes of practice. This should include a consultation with stakeholders on whether these voluntary codes should become mandatory and regulated by an independent body or the Environment Agency. The revised 2028 Environmental Improvement Plan should incorporate any further actions the Government will take. (Paragraph 100) Government is committed to integrating the management of urban soil and contaminated land into its overall approach to soil health. The EIP included a commitment to publish a revised ‘Code of Practice for the sustainable use of soil on construction sites’. Input was received from a technical advisory group made up of industry experts, and technical expertise provided by the Environment Agency and Natural England. We currently anticipate the revised guidance to be published by summer 2024, and plan to carry out user testing and evaluation to assess the effectiveness of its uptake. We also intend to pilot a Soil Reuse and Depot scheme by December 2026, and assess the effectiveness of that pilot scheme before any potential expansion. The Environment Agency commissioned a report into the feasibility of a soil bank system in England in 2023, which put forward a potential model for such a scheme. The Environment Agency anticipates it will publish the report in the Spring. These reviews will assess the effectiveness of voluntary approaches, with appropriate stakeholder engagement, before considering any regulatory models, or the need for a specific taskforce on soil remediation.
Timeline
Recommendation age 2.5 yrs
Report published 05 Dec 2023