Agenda item

The report seeks to highlight on-going work in trying to deliver suitable mitigation for new housing developments within the catchment of the River Axe and seeks to highlight a number of key options for delivering mitigation.

Prior to the Assistant Director – Planning Strategy and Development Management presented his report the Portfolio Holder Coast, Country and Environment read out the following statement.

‘I was alarmed last week to read the Government proposed changes to Nutrient Neutrality for their National Policy

It is proposed that within the Levelling-up and Regeneration Bill to make Natural England’s nutrient neutrality rules advisory rather than mandatory. This will effectively enable this council to resume processing planning applications again in the Axe catchment which we have been unable to do since early 2022. On the face of it, its good news for local housing building, but is it good for the environment?

It still remains vital to clean up the Axe Catchment and will the change in policy with the lifting planning restrictions and the announced alleged new funding tackle the root causes of nutrient pollution in rivers and estuaries.

It is reported that additional funding will be provided to the NE Nutrient Mitigation Scheme to tackle pollution and restore habitats, with the promise that developers will contribute to funding mitigation in the future.

It was also announced the Government will also provide:

• Legislation requiring investment from water companies to improve infrastructure to the highest standard by 2030. But this has already been announced so not new money.
• £200m grants to improve slurry infrastructure and fertilising equipment on farms, with an increase in inspections to ensure that farmers are minimising water pollution.But Liz Truss, who when in charge at the DEFRA between 2014 and 2016, oversaw “efficiency” plans set out in the 2015 spending review reduced Environment Agency funding by £235m. This included a £24m cut from a government grant for environmental protection, including surveillance of water companies, between 2014-15 and 2016-17. So, this new grant is simply replacing what was cut 9 years ago!
• Additional £25m to invest in innovative land and soil management techniques. But these 2 new funding announcements are less than what was cut in 2014! So, what about inflation?
• Consultation later this year to consider requirements for sustainable drainage solutions to protect homes and waterways. Surely wasn’t this part of the NPPF proposed changes that where to be concluded last spring?

I therefore question this “new” funding for environmental mitigations will deliver what is needed throughout the country!

Although I never understood the stopping of planning permission for the Axe catchment in 2022, as the greatest amount of pollution was estimated as Agricultural at over 70%. (To me it seemed that the wrong player was sent off!!)

Now the Government are suggesting removing this requirement, but I feel we need to know the full consequence of their proposals within the Axe catchment area before we react to what seems a retrograde step from the Nature Recovery Policy which we are now introducing.

It would seem that funding is simply returning but at yesterday's prices in another form! 

Up to now the Axe catchment work has been through Strategic Planning, as it effects new homes, but I now wonder if we need to include this within our Nature Recovery, rather than it being only being a planning matter.

I therefore suggest that we review this suggested change in Government policy and plan any changes required in our strategy to the Axe catchment and feedback our thoughts appropriately to Government and our MPs.

What we don't want is to lose the valued work already achieved that has been done to improve the Axe water quality, but to use that work and build on it to return this catchment to its former high-quality status as soon as possible.

Just because government is suggesting the lifting of the NE requirement to a building ban, we don't want to waste the work we have achieved so far.’

Members considered the Assistant Director – Planning Strategy and Development Management’s report which sought agreement into delivering suitable mitigation measures in the River Axe catchment.

The Assistant Director – Planning Strategy and Development Management drew the Committees’ attention to the letter received in April 2022 from Natural England advising that because of the sensitivity of the River Axe it had been placed in a Special Area of Conservation and that new planning permissions for new homes and other developments providing overnight accommodation should not be granted unless it can be shown to be ‘nutrient neutral’. 

The Assistant Director – Planning Strategy and Development Management advised there were key mitigation options for Members to consider:

1.     To set up a trading platform which would allow landowners to bring forward projects to allow mitigation of phosphate discharge.

2.     To agree a £3k payment towards initial set up costs.  This would be taken from the £100k funding monies that had already been provided by Government to address these issues;

3.     To pursue potential water efficiency measures to the Council’s housing stock, and

4.     To investigate the council housing stock within the River Axe catchment that is not connected to mains drainage and whether upgrading drainage systems could reduce the discharge of phosphates.

5.     To adopt the guidance from Natural England.

Members were made aware of a recent ministerial statement that the Government was intending to propose changes through the Levelling-up Bill to address the issues highlighted in the report and clarified from a letter received from the Department of Levelling-up Housing and Communities that these measures were subject to Parliamentary scrutiny and effect from Royal approval which implied it was still a long way off and planning decisions would still need to be taken in line with the current planning framework. 

The Assistant Director Planning Strategy and Development Management recommended a caveat to Recommendation 1 to read:

‘Agree to provide financial support to the Environment Agency and West Country Rivers Trust Nutrient Trading Platform in the form of a £3k payment towards initial set up costs and £10k for this financial year and defer payments for future years until there is greater clarity.’

Comments and questions raised from Members included:

·       Reassurance was sought on whether the private credit trading platform would achieve better outcomes.  In response the Assistant Director – Planning Strategy and Development Management advised it would not be for profit and can have reasonable assurance it would deliver its intended outcomes. Further details had been requested which if Members wanted could be brought back to Committee at a later date.

·       Clarification was sought on how many of our council houses were not on mains drains in the catchment area.  Although an exact figure could not be provided the Assistant Director – Planning Strategy and Development Management advised it was not very many and advised this would be investigated further.

·       Clarification sought on what was the least and most effective on mitigation measures.  It was advised that a wetland would be far more effective than water efficiency measures but purchasing land for a wetland would be extremely difficult.

·       Clarification sought on the efficiency measures referred to in paragraph 5.7

·       Reference was made to paragraph 5.8 and whether increasing the concentration of phosphates in discharge would have the desired effect.

·       Clarification sought on how many houses would be affected by the River Axe catchment area in the emerging local plan. It was advised there were about 700 homes proposed in the catchment area which included all the first and second choice sites and about 150 homes currently delayed through the planning application process directly as a result of these issues.

Councillor Mike Howe proposed the recommendations which included the Assistant Director – Planning Strategy and Development Management’s caveat to Recommendation 1 which was seconded by Councillor Helen Parr.

RESOLVED:

1.     That financial support to the Environment Agency and West Country Rivers Trust Nutrient Trading Platform in the form of £3k payment towards initial set up costs for this year be agreed and delegated authority be granted to Assistant Director – Planning Strategy and Development Management in consultation with the Monitoring Officer and Section 151 Officer to agree an Service Level Agreement between the Environment Agency, West Country Rivers and East Devon District Council reflecting the issues raised by Members concerns.

2.     To pursue potential water efficiency measures to the Council’s housing stock within the River Axe catchment be agreed and that a detailed proposal be brought to Members for consideration at a future meeting.

3.     To investigate council housing stock within the River Axe catchment that is not connected to mains drainage and consider whether upgrading drainage systems could reduce the discharge of phosphates be agreed.

4.     That the guidance on thresholds for the significance of projects impacting on nutrient neutrality issues as agreed with Natural England be adopted by the Council and published on the Council’s website.