As noted in previous articles on our website, phosphate and nitrate discharge has become a significant environmental issue in some areas, effectively halting many planning applications for new homes and some other forms of development.
One such area is the River Avon catchment in Wiltshire and Wiltshire Council is to be congratulated for rapidly moving to address the issue. In 2018 the Council entered into a Memorandum of Understanding on interim mitigation, with Natural England, the Environment Agency and other local planning authorities. However, following more recent concerns raised by Natural England, Wiltshire Council has developed a strategic approach to delivering in-perpetuity measures for achieving phosphate neutral development. This strategy was approved by Wiltshire Council’s Cabinet in early January 2021.
The agreed strategy ring fences Community Infrastructure Levy (CIL) funds for delivery of a strategic approach to achieving phosphate neutral development, including short term measures, followed by long term mitigation, such as large-scale habitat creation. The proposed approach has been the subject of a generic ‘appropriate assessment’ and this has concluded, beyond reasonable scientific doubt, that development for residential and employment uses in the River Avon catchment would not lead to adverse effects on the integrity of the River Avon Special Area of Conservation, either individually or in combination with other plans and projects. The conclusions of the ‘appropriate assessment’ have been accepted by Natural England and as a result, the embargo on planning permissions that was hovering over development proposals that would result in increased phosphate load through, for example, foul sewer discharge, is lifted.
The strategic CIL funded measures do not address nitrates, which affect a smaller area of Wiltshire within the catchment of the River Test. However, a dedicated project officer, to be appointed as part of the strategy, will have the capability to help address nitrate issues in the River Test catchment that affects wildlife sites in the Solent.
This is very good news and is the sort of approach that will hopefully be replicated in other affected areas where the issue of phosphate/nitrate neutral development has yet to be resolved.
If you would like further information, please get in touch with our Planning and Regeneration Team.
- Written by Mel Clinton.