The Department for Environment, Food and Rural Affairs has issued a Direction to Natural England on measures to address nutrient pollution via strategic mitigation schemes which has been implemented with immediate effect.
The Direction has been made under the Natural Environment and Rural Communities Act 2006 (the NERC Act) which gives Natural England powers to provide advice under the Act to local planning authorities on the nutrient impacts of new plans and projects on protected sites. Natural England provides statutory advice on appropriate assessments of plans and projects, such as planning applications, which are likely to have a significant effect on protected sites under the Habitats Regulations.
Following consultation with and endorsement by government, Natural England has issued advice to local planning authorities on the nutrient impacts of new plans and projects on protected sites and have proposed a solution of achieving ‘nutrient neutrality’ to enable developers to meet the requirements of the Habitats Regulations.
This allows development to go ahead if additional nutrient load from wastewater is counterbalanced by removing nutrients from other land or water where it is the cause of sites being in unfavourable condition.
The Direction states:
“ Subject to agreed funding, the Secretary of State directs Natural England to take the steps that they have proposed and that are within their control to prepare, facilitate and administer the operation of strategic mitigation schemes in any or all of the catchments where at the date of this Direction there are restrictions on development because of concerns in relation to nutrient pollution.”
“The objective of the strategic mitigation schemes is to allow developers the opportunity to purchase the benefit of off-site mitigation works from Natural England in order to provide information to local planning authorities to show that, in their and Natural England’s opinion, the proposed development has addressed nutrient pollution issues under the Habitats Regulations.
“In preparing such schemes Natural England should prioritise those catchments where, in their opinion, they will have the most impact at addressing development pressure that is impeded by nutrient pollution impacts. Where an existing strategic mitigation scheme is in place in a catchment, Natural England should consider that existing scheme to establish in their opinion the extent of any further strategic mitigation scheme that may be appropriate.”
Defra supports Natural England in its approach to establishing strategic mitigation schemes and will seek to facilitate cooperation across government to enable efficient preparation and operation of the schemes.
The Direction, which came into force with immediate effect on 28 July 2022, will expire on 31 December 2030.
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