The nutrient neutrality mess

Natural England has advised local planning authorities that an appropriate assessment cannot be reached under regulation 63 of the Conservation of Habitats and Species Regulations 2017 to the effect that further development causing additional sewage or surface water run-off will not affect the integ...

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Bibliographic Details
Published inThe Estates Gazette p. 34
Main Author Ricketts, Simon
Format Trade Publication Article
LanguageEnglish
Published Sutton Reed Business Information UK 30.09.2023
Subjects
Debates
Housing starts
Neutrality
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ISSN0014-1240
2059-5123

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Summary:Natural England has advised local planning authorities that an appropriate assessment cannot be reached under regulation 63 of the Conservation of Habitats and Species Regulations 2017 to the effect that further development causing additional sewage or surface water run-off will not affect the integrity of nearby SACs and SPAs unless measures are secured to guarantee neutrality, either on- or off-site. Appropriate assessment is required, according to Natural England, not just when planning permission is to be granted, but (subject to the outcome of CG Fry & Son Ltd v Secretary of State for Levelling Up, Housing and Communities and another [2023] EWHC 1622(Admin);[2023]PLSCS118,which in due course will be heard by the Court of Appeal) when reserved matters or pre-commencement conditions are to be discharged. [...]more controversially, the government also announced a late amendment to the Levelling-up and Regeneration Bill, currently at the report stage in the House of Lords, which would have removed from the appropriate assessment test any consideration of the effects of nutrients arising from urban waste water (basically water discharges from development).
ISSN:0014-1240
2059-5123