Agenda item

The water quality of the River Axe Special Area of Conservation (SAC) and Site of Special Scientific Interest (SSSI) had been a concern for a long time. The River Axe SAC was in unfavourable and declining status owing to nutrient enrichment and sediment pollution. East Devon District Council (EDDC), as the Competent Authority under the Habitat Regulations 2017, was required to consider the implications of these matters on the River Axe SAC before permitting any further development which had the potential to result in additional phosphate loads entering the catchment. This applied to all development of any scale and for any purpose if it potentially increased phosphate loading.

The allocation of £4.3 million by Government to EDDC to address these issues required the creation of an agreed governance framework that could provide advice, monitoring, and support to enable the delivery of the programme scheme.

RESOLVED that Cabinet agreed:

1.     To approve the proposed governance arrangement to provide the formal reporting framework and oversight for the administration of the River Axe Local Nutrient Mitigation Fund and grants delegated authority to the Director of Place in consultation with the Section 151 Officer and Monitoring Officer to agree terms and to enter into such agreements as are necessary for the good governance of the project.

2.     To commit to the spend the Local Nutrient Mitigation Fund on the delivery of nutrient mitigation with the indicative programme of spend as detailed in Appendix 2 to this Cabinet report and grants delegated authority to the Director of Place in consultation with the Section 151 Officer, the Monitoring Officer and the Portfolio Holders for Coast, Country and Environment, Strategic Planning, and Communications and Democracy to agree terms and vary the indicative programme of spend and arrangement as is needed to ensure the delivery of the project.

3.     That authority be delegated to the Director for Place, in consultation with the Section 151 Officer, the Monitoring Officer and the Portfolio Holders for Coast, Country and Environment, Strategic Planning, and Communications and Democracy, to agree terms to secure and deliver strategic mitigations including the purchase of land for the purposes of creating a nature-based solution where such purchase falls within the funding obtained from Local Nutrient Mitigation Fund. Where this involves asset acquisition, endorsement from the Assistant Director for Place, Assets and Commercialisation shall also be obtained.

4.     That delegated authority is granted to the Director of Place in consultation with S151 Officer and Monitoring Officer to make any variations or alterations to the project, to make any decisions and carry out any actions to ensure that the aims of the project are delivered within the required timescales.

5.     That the Leader agrees the democratic input with the Director of Place in consultation with the Portfolio Holders for Coast, Country and Environment, Strategic Planning, and Communications and Democracy.

REASON:

To enable the setting up of the appropriate governance and oversight arrangements by EDDC to facilitate the delivery of the River Axe SAC Local Nutrient Mitigation Fund programme. To formally commit to spend the Local Nutrient Mitigation Fund on nutrient mitigation measures in the River Axe SAC catchment.