ACP insights & guidance
The Environment Agency is consulting on seven proposed environmental permitting exemptions for construction-related activities in England. It opened the consultation on 4 November 2026 and lists 29 December 2026 as the closing date. Each draft has a supporting risk assessment.
These are proposals. Site teams should confirm the existing authorisation route and comply with its requirements for planned work. If an exemption or regulatory position statement becomes available later, read the final conditions and timing before relying on it.
What the consultation covers
- Water discharge. One proposal addresses temporary discharge of surface water from construction sites.
- Remediation. Two proposals concern specified treatment activities involving groundwater or soils. Review the individual drafts for their scope and conditions.
- Flood risk activities. Four proposals address temporary floating structures, temporary working platforms, core samples from in-channel structures, and temporary haul roads or access tracks.
The Environment Agency says it intends to consider time-limited regulatory position statements for the proposed flood risk activities if supported. Check the outcome and any published statement before assuming that route is available.
Map the permissions that your programme depends on
Identify what the activity is, when it will take place, the water source or receiving environment and the potential effects. Document available alternatives and the controls that the site can maintain. A discharge may raise different questions from work in or near a watercourse. The answer can also depend on the location, method and relevant authority.
For example, if temporary pumping is proposed during groundworks, record what water the pump will collect, where it will go, and what measures will control pollution. Check the applicable current route before mobilisation. If the consultation proposal would materially affect that method, document how and consider a response to the Agency.
How to respond usefully
Read the draft exemption and risk assessment for the activity you understand. Identify the conditions that would be practical to verify on site and any circumstances the draft may miss. Explain the proposed safeguard or monitoring approach and the evidence that supports it. Check the consultation page for the current deadline and response route.
Common question
Can a site rely on the draft exemptions now?
Check the current authorisation route. The consultation describes proposals and the Agency will publish any final changes separately.
References and scope
- Environment Agency, consultation, draft exemptions and risk assessments
- Environment Agency, GOV.UK consultation announcement, 4 November 2026
Discuss the project brief
Share the planned works and receiving water environment when discussing drainage or environmental planning evidence.