31 Mar Avoiding Delays in Planning: the need to achieve ‘Nutrient Neutrality’
Achieving nutrient neutrality for development in the water catchments of certain internationally designated sites is a growing issue for development, and one that is resulting in delays in planning. This article explores how the problem can be addressed through appropriate assessment and mitigation.
Background
Following judgements by the Dutch courts (referred to as the Dutch Nitrogen cases C-293/17 and C-294/17[1]), Natural England and Natural Resources Wales are now adopting a more rigorous approach when it comes to assessing the effects of changes in water quality on Special Areas of Conservation (SACs), Special Protection Areas (SPAs) and Ramsar sites (wetlands of international importance). This is particularly relevant for new developments that may result in increased nutrient enrichment of waterbodies, such as lakes, rivers and estuaries as well as the marine environment.
Nutrient Enrichment And Development
Any new development that will result in, for example, increased sewage (including treated sewage) and surface water runoff that may enter a lake, river, estuary or marine area, has the potential to result in increased Nitrogen and Phosphorus levels within the receiving environment. If the receiving environment is designated a SAC, SPA or Ramsar site, there is a legal requirement to prevent the deterioration of these sites, including as a result of nutrient enrichment. Local planning authorities are required to test for any adverse effects of such developments using the Habitats Regulations Assessment (HRA) process. In the case that Natural England or Natural Resources Wales have already identified catchments where SAC, SPA or Ramsar sites are vulnerable to nutrient enrichment then the HRA process will proceed to the ‘appropriate assessment’ stage. In the assessment process it will be necessary to demonstrate that there will not be an adverse effect on the integrity of a SAC, SPA or Ramsar and the applicant is required to provide information to enable the local planning authority to carry out its assessment .
Current (elevated) levels of Nitrogen and Phosphorus have been shown to be having significant effects on many of the UK’s SACs, SPAs and Ramsar sites. Initially the issue was identified in relation to water catchments discharging to the south coast of England, then including catchments in the south-west and Wales and in March 2022 extended by Natural England to catchments widely across England. Developments in these catchments are expected to achieve nutrient neutrality if they are to be consented.
Achieving Nutrient Neutrality
To avoid unnecessary delays in the determination of planning applications, developers will need to assemble a team that includes water quality technical specialists familiar with wastewater treatment; water company investment; nutrient cycles; and the nutrient neutrality calculator issued by Natural England, and ecologists familiar with the adverse effects of nutrient enrichment on ecology and protected sites; the HRA process; options to mitigate nutrient release through land use change and habitat creation; and how this can be integrated with existing requirements for protected species and biodiversity net gain. It is important that an ecologist is involved as early as possible during a project life cycle so that any necessary mitigation requirements can be identified early on and incorporated into the scheme design.
How We Can Help
BSG Ecology has extensive experience in preparing the ‘shadow’ HRA or Report to Inform Appropriate Assessment that a local planning authority will require to fulfil its obligations to assess a development proposed in a catchment subject to a nutrient neutrality requirement identified by Natural England or Natural Resources Wales. We have experience of working with the developer’s water quality consultants on identifying suitable mitigation actions to achieve the nutrient reductions required for nutrient neutrality and in preparing habitat management plans for proposed mitigation land. If you would like advice in relation to a development proposal that will be required to achieve nutrient neutrality, or where HRA is likely to be required, please contact one of our offices.
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[1] https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:62017CA0293&from=DE