"The issue of nutrient neutrality has been around for a few years and has had some major impacts on the development industry in the areas affected by it.
Nutrient neutrality is a means of ensuring that a development plan or project does not add to existing nutrient burdens within catchments, so there is no net increase in nutrients as a result of the plan or project. Where neutrality measures are needed, the purpose of these mitigation measures is to avoid impacts to the designated sites, rather than compensating for the impacts once they have occurred. To date, Natural England provided further details on the key principles that underpin nutrient neutrality, the mitigation measures employed for it to meet the requirements of the Habitat Regulations and the application of nutrient neutrality within England.
The main issue for developers was the lack of a strategy or solution, nutrient neutrality was introduced immediately without a notice period and this threw some developments, even those with outline approval, in to chaos, left only with uncertainty and unlimited planning delays.
Putting nutrient neutrality to one side, some water ways and rivers do appear to be at crisis point with water authorities still discharging raw sewerage into them. Given the turmoil caused by nutrient neutraility rules, it seems heavy handed to scrap it altogether as it does have a role to play, but further thought should have been given before it was introduced in the first. We now seem at a stage where many authorities have found or are very close to finding solutions to nutrient neutrality, however, to some extent the damage to developers has already taken place.
It is rumoured that Michael Gove, the Housing Secretary, with Thérèse Coffey, the Environment Secretary, will announce the move to scrap nutrient neutrality, alongside hundreds of millions of pounds’ worth of extra funding to mitigate the potential impact on England’s waterways. However, it must be considered that the removal of nutrient neutrality altogether will arguably further add to water pollution, as water companies are already dumping raw sewage into rivers and seas.
Water pollution has already become a major political issue in some areas, and has the potential to cost the Conservatives important seats at the next election."
For more information, contact Adam Tuck, Head of Planning & Development at Cheffins, on adam.tuck@cheffins.co.uk or 01223 271958.