Laws designed to protect wetlands have been blamed for delays in building up to 120,000 new homes. A 2018 court of justice ruling to protect conservation areas (as designated by the EU), prevents developers of new homes from polluting nearby wetlands, rivers and nature reserves in England with nutrients.
Some of the proposed development sites are located close to designated special areas of conservation. In these areas planning authorities require assurances of “nutrient neutrality” from house builders before new planning applications can be permitted.
Nutrients, such as nitrates and phosphates, can cause a range of damaging issues including algal bloom. Algal bloom starves the water of oxygen which can damage aquatic life and kill fish, and prevents wading birds from feeding in the mud.
Nutrient pollution comes from several sources, the main cause of which is farming. Discharges from sewage works and rainwater run off from roads and developments can also contribute to the problem.
Earlier this year, Natural England released a Policy Paper confirming that local planning authorities were required to decline applications if nutrient neutrality could not be demonstrated.
In some areas, local authorities allow developers to mitigate the pollution they cause by allowing them to purchase “nitrate credits” from sources such as landowners and environmental charities. The funds raised are typically used to re-wild farmland or create new wetland buffer zones within the catchment area.
The Hampshire and Isle of Wight Wildlife Trust says the process of buying mitigation works. Using the nutrient credits bought by developers in South Hampshire, the trust has purchased two farms in the Solent area, where pollution is a big problem. A total of 450 acres of intensively fertilised land that was the source of nutrient pollution have been re-wilded to restore biodiversity and remove 25% more nitrates than required by the credits.
Although different local authorities are affected by the regulations to varying degrees, they have caused a significant negative impact on the number of planning permissions granted in some areas and the building of thousands of new homes has been delayed. The most affected areas are Devon, Norfolk, the North East and Hampshire.
It may take councils as long as two years to work around the issue and it is possible that the rules could even result in existing planning permissions being overturned on appeal.
House builders say that mitigation measures will cost developers £5,000 per property, but the Community Planning Alliance (CPA), which promotes sustainable development, has welcomed them. However, the CPA described the mitigation of nutrient pollution as a “sticking plaster” that doesn’t address issues relating to the sewage system, which is the main problem.