Concerns over nitrate levels in Solent impact planning in Winchester

February 2020 - A few months ago the Trust’s Planning Appraisal Group Chair, Mary Tiles, alerted Trustees to an issue concerning nitrate levels in the Solent. This had immediate impacts on planning applications initially in Portsmouth and Havant, but also had implications for Winchester District.  WCC has held back on a significant number of planning cases in the meantime and has now issued a paper outlining its position.  This is a lengthy document and one which leaves us with a far from clear understanding of the situation and its implications.  It does seem clear that the whole of Winchester District (excluding the South Downs National Park) is implicated.  It is also clear that part of the problem is the mixed messaging coming from central government – a requirement of nitrogen neutrality from Natural England, a no change policy from the Department of the Environment (which includes not imposing higher standards on sewage treatment works) and no let up on the housing push.  This leaves Planning Authorities in the affected region in a difficult position.  WCC has requested clarification from central government, but in the meantime has faced pressure from small developers to develop an interim policy.

The interim policy appears to place an additional obligation on developers who will have to address this issue in their planning applications before they can be approved.  It also places an additional responsibility on the those reviewing documentation. The additional condition to be attached to any planning permission for new development would be as follows.

The development hereby permitted shall not be occupied until:

a) A water efficiency calculation which demonstrates that no more than 105 litres of water per person per day shall be consumed within the development, and this calculation has been submitted to and approved in writing by the Local Planning Authority. *

b) A mitigation package addressing the additional nutrient input arising from the development has been submitted to, and approved in writing by the Local Planning Authority. Such mitigation package shall address all of the additional nutrient load imposed on protected European sites by the development when fully occupied and shall allow the Local Planning Authority to ascertain on the basis of the best available scientific evidence that such additional nutrient loading will not have an adverse effect on the integrity of the protected European Sites, having regard to the conservation objectives for those sites; and

c) All measures forming part of that mitigation are secured along with an implementation strategy agreed with the Local Planning Authority.

Reason: To accord with the Conservation of Habitats and Species Regulations 2017, and Policy CP11, CP16 and CP21 of the Winchester District Local Plan Part 1.

The wording of the proposed condition will need to be reviewed to ensure it is legally effective, bearing in mind the policy tests for conditions outlined above. For sites on agricultural land that are nitrogen neutral or in other circumstances, alternative conditions or S106 legal agreements may be required depending on the circumstances in each case.

In addition, WCC  proposes to develop an avoidance and mitigation package to assist applicants, and this will include reviewing the scope for additional water use reduction measures in WCC owned housing stock.  It promises to  work with partners to identify opportunities to secure agricultural land de-commissioning (which can be used for offsetting) if the developer has no other means of meeting the requirement. There will be a fee for this service.

* 2016 Building Regulations require ≤125 litres per person per day of potable water. Sustainable homes level 3-4 requires ≤105/p/day, level 4 requires ≤90 l/p/day