Nutrient Neutrality Update 20.03.2023

Key Update

• No Nutrient Neutrality Credits are yet available for purchase.

• There is a potential conflict of interest between the planning authority and credit scheme company. 

• Natural England have commented on the Norfolk Nutrient Budget Calculator and have not accepted it in its current format.

Credit Scheme

The Natural England Nutrient Mitigation Scheme provides funding for nature-based solutions to benefit small and medium-sized developments in Norfolk. Credits can be purchased to enable development to be permitted. However, progress has been slow and no credits are currently available. A new Joint Venture called Norfolk Environmental Credits Ltd has been formed with the aim of developing mitigation solutions to help lift the brake on planning applications. The establishment of mitigation solutions is necessary for planning permissions to be granted. Until mitigation solutions are established, applicants will have to agree to an extension of time or applications may be refused.

In addition to the information provided in the previous summary, it is worth noting that Phil Courtier, who is the Head of Planning at Broadland and South Norfolk District Council, is also the sole director of Norfolk Environmental Credits Ltd. This has raised some concerns about potential conflicts of interest, as Mr. Courtier is responsible for making planning decisions that could benefit the joint venture in which he is involved. It is important for local authorities to ensure that there is transparency and accountability in such situations to avoid any perception of impropriety.

Norfolk Calculator

Natural England has responded to a consultation regarding the Norfolk Nutrient Budget Calculator. The email notes that the approach adopted by the Norfolk calculator is consistent with that of the Natural England nutrient budget calculator but highlights three elements where the approach differs: occupancy rates, water usage, and WwTW discharge concentrations. The email provides detailed comments and advice regarding these three elements. Regarding occupancy rates, Natural England advises that locally relevant data should be used to derive an appropriate occupancy figure for Norfolk. For water usage, Natural England advises against removing the additional 10 liters per person, per day, and recommends a more precautionary approach. Regarding WwTW discharge concentrations, the email notes that the Norfolk calculator uses a hybrid approach and advises the Norfolk authorities to ensure that the figures used in the calculator do not underestimate the nutrient load of new development.

Nutrient Neutrality Update 16.09.2022

DFAL were in attendance of the Joint Councils Meeting on Monday 12th September to update the industry on the Nutrient Neutrality requirement. During the meeting the Joint Councils consultant Royal Haskoning made a presentation of the refined catchment maps and nutrient budget calculator (both of which are still to be agreed with Natural England).

The pollution

During the presentation Royal Haskoning presented two telling pie charts which are repeated here indicating the source of pollution within the two catchment areas. As can be seen urban only accounts for 18% and 7% of the total pollution in the area. The main contributors are Anglian Water (STW sewage treatment works), livestock and agriculture. 

Catchment mapping and edge cases

Refined catchment mapping was present which is yet to be published. It was explained that the catchment area will change slightly and a refined edge will be published with a zoomable map to allow exact determination of in or out. The new catchment maps are also set to include Foul water and Surface water catchment layers to allow confirmation if a site lays with one (1), other (2) or both (3). This presents edge cases demonstrated in the diagram which may fall only into one category of catchment.

Mitigation and getting the planning system moving

Mitigation of large scale sites was discussed, with their ability to offer land for conversion to a mitigating land use will potentially allow them to move forward if robust cases along with the refined calculator are provided. It was indicated this could potentially occur before Christmas 2022.

Mitigation of small sites remains in question. It was indicated that as anticipated a levy will be created to allow purchase of ‘credits’ to mitigate nutrient run off. The nature of these credits was not defined however a very rough indication of cost was provided between £5000-10000 per dwelling. No indication was given as to when this might be implemented.

A refined budget calculator was presented and demonstrated. This new calculator now indicates the area of land which would be required to changed into a different use to mitigate the proposed development. An example of 20 dwellings was used which resulted in an area of 50Ha wetland being required to mitigate the Nitrogen run off. Indicating that around 2.5HA per dwelling is required which is frankly completely unrealistic.

Programme for Adoption

Adoption for the catchment maps and revised calculator are subject to agreement from Natural England and the Joint Local Authorities. It was indicated that this should be resolved by the end of September 2022.

DFAL Commentary

While waiting for the meeting to begin DFAL MD Tom Ayers undertook some rough calculations regarding the Gross National Product (GNP) for the region produced by the Companies and representatives present. According to the office of national statistics the East of England’s area's GNP in 2018 was £186mill, accounting for inflation this is now £200mill. Those present on monday represented at least 5% of the GDP, in turn those they worked for or represented would likely represent at least another 5% of the GDP, the majority of which now have projects on hold. In any economy if 10% of the GDP is at risk this would signal a major risk of recession and without a doubt this is heading towards a Local recession.

Six months on from the notification from Natural England and still nothing has moved, developers large and small are no closer to achieving planning permission. Research from the Home Builders Federation shows that the firms they represent alone 10490 homes are on hold in the Broadland and Wensum areas at various stages of planning application. The Federation estimates they represent 80% of home builders in the area which would indicate over 13000 houses are on hold in the catchment area with little light at the end of the tunnel.

Nutrient Neutrality Update 08.06.2022

DFAL were in attendance at a meeting called by Norwich City Council and Broadland South Norfolk jointly to update the industry on Nutrient Neutrality (NN) in Norfolk. The Key takeaways from the meeting were:

• Agree to Local Authorities requested extension of time

• Be Patient

Ultimately there is still no solution to nutrient neutrality and therefore still no way to demonstrate compliance. 

What this means for you

If you have a Planning Approval in place, you remain unaffected.

If you have a live application lodged with the Planning Authority which forms overnight accommodation, it remains on hold and an extension of time for the application must be agreed or you will risk receiving a refusal.

For commercial applications that would draw customers from outside of the NN catchment areas, these applications are on hold and an extension of time for the application must be agreed or you will risk receiving a refusal.

If you will be shortly applying for a planning application which includes overnight accommodation or commercial operations that would draw customers from outside of the catchment area, the planning authority will immediately request an extension of time until at least November 2022.

The Councils anticipate time scales

Short Term (1-5 Weeks)

• Publication of detailed strategy and catchment maps

Medium Term (6-12 Weeks)

• Review and publication of new calculator

• Publication of short term interim mitigation strategy

Long Term (February 2023)

• Preparation and adoption of long term mitigation strategy

Potential anticipated mitigation methods

Short Term

• Installation of water efficiency measures in existing council housing stock

• Short term land changes

  • Cover crops

  • Sediment traps

  • Feild buffer stips

• Short term land change of use

  • Fallow

  • Cover Crops

• SUDs

  • Rainwater harvesting

  • Grey water harvesting

  • Soakways

• Review of expired permissions to establish ‘head room’

Long Term

• Permanent change of agricultural land to woodlands, wetlands, heathlands or grasslands.

• Formation of treatment wetlands

• Wastewater treatment plant upgrades.

Developer mitigation

No guidance was given on how developers might mitigate nutrient run off, but it was discussed that either a Levy would be imposed or an intermediary would make nutrient credits available for purchase (similar to carbon credits) to mitigate a developments run off.

DFAL commentary

What was clear to us at the meeting was that the mitigation is not for individual developers to undertake and as we suspected the key to dealing with this matter is the Statutory Authority Anglia Water (who were not present). Ultimately, foul water discharged to a public sewer ends up in their treatment plants before being discharged to the environment at large. Anglian Water has supposedly earmarked £800 Million for improvements to there infrastructure, however it was abundantly clear that this was significantly less than was required to bring their treatment system into a nutrient neutral state (despite AWA posted profit for 2021 being £94 million). On top of this Anglian Water has repeatedly discharged untreated sewage into the catchment areas during storm events, further polluting the river.

More information on AWA storm surge discharges can be found here: https://experience.arcgis.com/experience/e834e261b53740eba2fe6736e37bbc7b/page/Map/ 

The Local Councils are scrambling to create “head room” in the nutrient discharge, to allow the planning system to begin moving again for developments that can demonstrate mitigation. However it was suggested that this ‘head room’ would be assigned to developments in some way, but again, no clear guidance was provided on how this might be allocated or on what basis.

DFAL will continue to monitor the situation closely and provide further updates as we know more.

URGENT Information regarding Planning Applications Norfolk Area

Nutrient Neutrality

We have been informed by two Norfolk Planning Authorities to date that planning applications in relation to the list below within the area marked in yellow on the map below are on hold for the foreseeable future.

This includes:

• new homes

• student accommodation

• care homes

• tourism attractions

• tourist accommodation

• permitted development (which gives rise to new overnight accommodation) under the Town and Country Planning (General Permitted Development) (England) Order 2015

• any development not involving overnight accommodation, but which may have non-sewerage water quality implications

All local planning authorities in Norfolk received a letter on 16 March 2022 from Natural England about nutrient pollution in the protected habitats of the River Wensum Special Area of Conservation and the Broads Special Area of Conservation and Ramsar site.

Unfortunately, we have very little information or details to pass on to you at this stage, however, whilst Planning Authorities assesses the implications of these matters (Nutrient Neutrality), the Council cannot lawfully conclude that development within the catchment of the River Wensum or the Broads Special Area of Conservation and Ramsar site will not have an adverse effect. Therefore, until these matters are resolved, the Council will not be able to grant planning permission for developments comprising overnight accommodation within the affected catchments.

Unfortunately, we cannot provide you with much further detail at this stage regarding the Nutrient Neutrality but trust that this email is at least of assistance in making you aware of the issues. Local Authorities are working with Natural England to better understand the implications and identify possible options for mitigation to ensure sustainable development can proceed. Unfortunately, it is not possible to state how long this may take to resolve.  

North Norfolk have kindly provided a link that will be updated with news regarding this:

Home | Nutrient Neutrality (north-norfolk.gov.uk)

GIRAMS

From the 31st March 2022 All Norfolk Councils will introduce a GIRAMS tariff to the following types of developments:

• all new residential development in current site allocations and

• windfall (excluding replacement dwellings and extensions);

• houses in multiple occupancy;

• student accommodation;

• residential care homes and residential institutions (excluding

• nursing homes);

• residential caravan sites / mobile homes / park homes; gypsies,

• travellers, and travelling showpeople plots; and

• residential moorings, holiday caravans, touring pitches and

• campsites.

The tariff will be set by each council but has been indicated to be in the region of £185 per dwelling. This we understand is to be secured by a Unilateral Undertaking under Section 106. Norwich City Council has indicated that to validate an applicable the Unilateral Undertaking must be submitted with the application.

The Norfolk GIRAM Strategy can be found here: https://www.norwich.gov.uk/downloads/file/7644/norfolk_giram_strategy

How this affects you

If you have a Planning Application within the Yellow marked area on the above map of the nature described this is now on hold until further notice. This also applies to any new applications made.

If you will be applying for a planning application after the 31st March 2022 of the nature described it will be subject to a GRAMS tariff and require a Unilateral Undertaking to form part of the planning application.