New RPS: Compliance with the packaging producer recycling obligations in 2026
The Environment Agency has published a new Compliance with the packaging producer recycling obligations in 2026 (RPS 383), which applies to large producers and compliance schemes in England for the 2026 compliance year only. It does not change your duty to register, report packaging data or meet your recycling obligations, but the Environment Agency will not normally take enforcement action if you meet at least 83% of your statutory plastic obligation, 92% of steel, 90% of wood, and the full obligation for all other materials. You must keep records for 5 years from your last use of the RPS, and tell the Environment Agency immediately if you cannot comply. Be aware that your year-end Certificate of Compliance will still record any shortfall against the statutory obligation, even if you meet the RPS conditions.
The Environment Agency will withdraw this RPS on 31st January 2027.
RPS 91 reviewed and extended: Use of waste clay in the construction of slurry lagoons or water storage reservoirs
The Environment Agency has reviewed and extended its Use of waste clay in the construction of slurry lagoons or water storage reservoirs Regulatory Position Statement (RPS 91) until 14th October 2027, with no change to its conditions. If you rely on this RPS, you must still have a suitably qualified engineer certify that the clay and the construction are fit for purpose, and keep your records for 3 years.
Severe drought declared in parts of England
The government has declared severe drought in parts of Cornwall, Devon, Dorset, Somerset, East Sussex and West Sussex following the driest April to September in the South East and South West in over a century. Customer supplies remain uninterrupted, but water companies have been told to monitor reservoir and river levels daily, and the Environment Agency will increase compliance checks on businesses that abstract water to confirm they are taking only permitted quantities. If you hold an abstraction licence in an affected area, you should check now that you are operating within your licence conditions. The National Drought Group’s latest update reports that applications from three water companies to restrict non-essential business water use are under consideration by the Environment Secretary, so you should also review how a restriction would affect your own operations.
Natural England streamlined planning role takes effect
From 1st October 2026, Natural England’s new streamlined planning role means it will focus its planning advice on proposals with the greatest risks or opportunities for nature, relying on standing advice and guidance for routine cases. The change follows an amendment by the Planning and Infrastructure Act 2025 to Natural England’s duty under section 4 of the Natural Environment and Rural Communities Act 2006, and applies only to planning casework under the Town and Country Planning Act 1990. Statutory protections for habitats, species and designated sites remain in place. If you are involved in planning applications in England, you should expect less case-by-case advice and check the Natural England Operational Statement for when you will need to engage directly
Remediation of Unsafe Cladding Bill introduced
The government introduced the Remediation of Unsafe Cladding Bill to Parliament on 14th October 2026, in response to the Grenfell Tower tragedy. It is not yet law. As drafted, it would place a new legal duty on those responsible for a building, such as freeholders, to identify, assess and fix cladding issues without delay, with criminal penalties for obstruction and financial penalties of up to £500,000 from the First-tier Tribunal for failing to comply with a Remediation Order. It is still expected that by the end of 2029 all buildings over 11 metres with unsafe cladding should be fixed, but there will be tougher powers to enforce this. It would also create a register of medium-rise residential buildings in England, with civil penalties of up to £7,000 and higher financial penalties of up to £40,000 or prosecution for failing to register, and require responsible entities to share remediation plans with residents. If you own or manage residential buildings in England, you should be aware of the potential future impact of this.
HSE: work-related stress and World Mental Health Day
To mark World Mental Health Day, the Health and Safety Executive has renewed its call for employers to listen, identify and act on work-related stress, citing 964,000 workers affected by work-related stress, depression or anxiety in 2024/25 and 22.1 million working days lost. There is no new legal requirement, but it reminds you of your existing duty under the Management of Health and Safety at Work Regulations 1999 to assess and control stress risks, and points to its Working Minds campaign and Stress Talking Toolkit. If you hold ISO 45001, this is a useful prompt to review how psychosocial risks feature in your risk assessments.
