CLA Blog - Nutrient Neutrality

Reducing the leaching of nitrates and phosphates into protected rivers, wetlands and coastal habitats in England and Wales has become an important topic and especially so since a European Court of Justice decision in 2018 which determined that new development should not have a significant effect on any designated nature conservation site.

The effect of the European Court of Justice decision has been felt across seventy-four local authority areas in England and eleven in Wales as Natural England and Natural Resources Wales have been advising planning authorities with protected water environments (both inland and coastal) not to grant planning permission unless the development is proved to be “nutrient neutral”.

This has led to a moratorium on decision-making in respect of planning applications and prior notification applications in affected areas. The types of developments that are affected include any development that results in an overnight stay including houses, care homes, tourism development including camping and caravan sites. Also affected is development required for the purposes of agriculture.

In the East, the issue of nutrient neutrality is affecting Norfolk – in particular the catchment of the Norfolk Broads and River Wensum.

For the Norfolk Broads, nitrogen and phosphorus have been identified as a problem in the following Special Areas of Conservation (SAC/Ramsar) sites:

• Bure Broads and Marshes SSSI
• Trinity Broads SSSI
• Yare Broads and Marshes SSSI
• Ant Broads and Marshes SSSI
• Upper Thurne Broads and Marshes SSSI

The above sites are within the following Local Planning Authorities:

• Borough Council of King's Lynn and West Norfolk
• Breckland Council
• Broadland & South Norfolk Council
• Great Yarmouth Borough Council
• North Norfolk District Council
• Norwich City Council
• The Broads Authority

For the River Wensum SAC, phosphorus has been identified as a problem and covers the following Local Planning Authorities:

• The Borough Council of King's Lynn and West Norfolk
• Breckland Council
• Broadland & South Norfolk Council
• North Norfolk District Council
• Norwich City Council

In practice, the impact of nutrient neutrality on planning applications is significant. The effect of the European Court of Justice decision means that for any development which is likely to add nutrient pollution to water e.g. overnight accommodation, housing etc, then planning permission is unable to be granted for any newly submitted planning applications which fall within the affected areas. At present, this is the case until ways to mitigate any adverse impacts can be identified.

The seven Local Planning Authorities affected in Norfolk have jointly appointed environmental consultancy Royal HaskoningDHV to prepare a Nitrate and Phosphorous Mitigation Strategy for the affected catchments, with a long-term strategy expected in early 2023.

Whilst affected Local Planning Authorities are working to resolve this issue, planning applications and pre-application advice requests can still be submitted. It may then be that you are asked to agree an extension to the determination time of any application.

Until recently, a decision was awaited on a Court of Appeal decision as to whether Natural England’s advice around nutrient neutrality and Habitat Regulations Assessments was valid. As of Friday 15th July 2022, the Court of Appeal dismissed the appeal, confirming that the advice issued to Local Planning Authorities in March 2022 was correct and applicants should refer to this when making planning applications.

With an effective moratorium in place on a significant number of planning applications, we are looking at what can be done regionally to expedite action being taken by the seven Local Planning Authorities to address the issue.

If you have been affected by nutrient neutrality, please contact CLA East Regional Surveyor Alison Provis by email: east@cla.org.uk or 01638 590429.

Read the latest announcement on nutrient neutrality here.