New plans to help address nutrient neutrality and safeguard protected species were announced by the Government yesterday (Wednesday 20th July).
Many of you will be familiar with the issues at hand; with Local Planning Authorities struggling to grant permissions (outline, full, Reserved Matters or discharge of conditions) without adequate measures to mitigate the cumulative impact of post treatment foul water on the integrity of sites of international nature conservation importance. In Dorset alone, this has affected proposals within five catchments: Poole Harbour (shaded green on the inset plan), River Axe (shaded yellow), Somerset Levels and Moors Catchment (shaded blue), River Avon Catchment (shaded purple), Fleet (shaded orange). But it goes far wider with Natural England, in its statutory role as an adviser on the natural environment, advising a total of 74 Local Planning Authorities on the nutrient impacts of new plans and projects on protected sites where those protected sites are in unfavourable condition due to excess nutrients.
Government plans announced yesterday will see:
-A new legal duty on water companies in England to upgrade wastewater treatment works by 2030 in ‘nutrient neutrality’ areas to the highest achievable technological levels. In practice this is likely to mean introducing metal salts to wastewater, which can be used in combination with wetlands and reedbeds to improve the performance of treatment works.
-A new Nutrient Mitigation Scheme established by Natural England, helping wildlife and boosting access to nature by investing in projects like new and expanded wetlands and woodlands. This will allow local planning authorities to grant planning permission for new developments in areas with nutrient pollution issues, providing for the development of sustainable new homes and ensuring building can go ahead. Defra and DLUHC will provide funding to pump prime the scheme.
The measures will: ‘not only tackle the long-term issue of nutrient pollution by significantly reducing pollution from existing homes in sensitive areas. Developers will be able to purchase ‘nutrient credits’ which will discharge the requirements to provide mitigation. Natural England will accredit mitigation delivered through the Nutrient Mitigation Scheme, enabling Local Planning Authorities to grant planning permission for developments which have secured the necessary nutrient credits. This will ensure developers have a streamlined way to mitigate nutrient pollution, allowing planned building to continue and creating new habitats across the country.’
It is understood that the new legal duty on water and sewerage companies in England to upgrade certain wastewater plants will be introduced via a Government amendment to the Levelling Up and Regeneration Bill. Where possible, the Government has indicated that it will work with water companies to identify where these upgrades could be accelerated and delivered sooner. Our proposed Environment Act target to tackle wastewater pollution across the country will see upgrades brought in elsewhere in addition to those required by the new duty on companies, on a slightly longer timeframe.
It is understood that the Nutrient Mitigation Scheme will create new wetlands and woodlands in partnership with green groups and other privately led nutrient mitigation schemes – and there is already a fair bit of momentum here. This national scheme will support investment in new habitats which will ‘soak up’ or mitigate the impacts of unavoidable nutrient pollution. These new or expanded wildlife habitats will also increase people’s access to nature. The scheme will be open to all developers, with priority given to smaller builders who are most affected. Developers can also continue to put their own mitigation schemes in place should they choose. Those that are already in the business of delivering mitigation might take comfort from the fact that the Natural England intends to work with, not crowd out, new and existing private providers and markets for nutrient offsets. The scheme is due to open in the Autumn.
Brett Spiller, Director at Chapman Lily Planning commented ‘The new legal duty is welcome, albeit long overdue and to my mind, the construct was always there pre-Brexit under the Water Framework Directive. We’ll wait and see but I’m not convinced that the Nutrient Mitigation Scheme presents anything new in areas such as Dorset and Hampshire that have been grappling with nutrient neutrality for some time, and have seen accredited mitigation schemes brought forward by both public and private bodies. Nonetheless, I’m sure it will provide comfort in areas which are new to the issue. The key question is to what extent can the roll out of mitigation schemes be accelerated? I remain a little sceptical of the timeframes, so we’ll have to see what is actually in place beyond merely an administrative framework come Autumn’.
For more information about how we can help you navigate the planning system and the issues presented by Nutrient Neutrality, please contact us.
Brett Spiller BA BTP MRTPI MCIWM
Director