The much discussed issue of nutrient neutrality affects 74 local authority areas in various parts of the country. Excessive levels of phosphates and nitrates contribute to the growth of algal blooms, which causes reduced oxygen levels with adverse impacts on aquatic life.

There are ways of achieving nutrient neutrality however practically and cost are the issues. For on-site solutions the natural options of fallow land and wetlands are generally impractical due to lack of space and the cost of treatment plants renders this out of reach for any but the largest schemes.

Why Are They Imposed?

The government are currently running a consultation on a new scheme to replace Environmental Impact Assessment (EIA). They state:

"Part 6 of the Levelling Up and Regeneration Bill will secure powers to implement a new system of environmental assessment known as Environmental Outcomes Reports. This will allow the government to replace the EU-derived Strategic Environmental Assessment and Environmental Impact Assessment processes with a streamlined system that places greater focus on delivering our environmental ambitions.

New housing developments, hotels and student accommodation, in the vicinity of vulnerable watercourses must demonstrate that they do not increase phosphate and nitrate levels beyond pre-consent levels.

The new ‘Nutrient Mitigation Scheme’ has been set up to enable developers to purchase government-backed credits, with the revenues raised invested in new and expanded wetlands and woodlands.

The adverse impact of over production of nutrients is something we have known about for a long time, unfortunately there has been little coordinated action to address the matter. As my grandmother would have said “A stitch in time saves nine”, I suspect there are some who feel that on this issue we long ago passed the point where nine stitches were going to do the job but to use another we worn phrase, better late than never.

An interesting article by Steven Porter and Sam Wardleworth of Pinsent Masons makes the case that:

There are several areas in which the law governing landfill tax in England and Northern Ireland could be clarified so that the tax better supports the government’s environmental objectives, including achieving zero avoidable waste by 2050.

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A developer is now able to give planning authorities “Prior Notification” of certain changes of use rather than applying for full planning permission. These changes of use include:
 Change of use of a building from business to residential
 Change of use of a building to a school
 Change of use from an agricultural building to another use

This timely document is entitled Before You Dig, Garages & Petrol Stations, Guidance for Developers, EPUK. David Rudland et al.

EPUK say “This guide has been produced now because we anticipate alternative fuels will make many of the 8500 retail forecourts in the UK surplus over the next 5-10 years or so. Repurposing this kind of brownfield site presents particular challenges of the sort that drive some developers to seek greenfield sites instead.

In summary we can breath a sigh of relief and carry on as before with a system that allows contaminated land to be dealt with by planning conditions.

A major update was planned but due to Covid 19 has been delayed. We have received the following email:

MESSAGE FROM ENVIRONMENT AGENCY – PLEASE SHARE.  Unfortunately I am not able to answer any specific follow on questions and cannot give a precise publication date as the publishing lead within the EA has to prioritise coronavirus work.

Dear All

In June 2019, the Environment Agency (EA) published an update to the Model procedures for the management of land contamination (CLR11).