Policy paper

Notice of designation of sensitive catchment areas 2024

Published 25 January 2024

Applies to England

The Secretary of State, in accordance with the power in Section 96C of the Water Industry Act 1991 to designate catchment areas as sensitive for phosphorus or nitrogen where a habitats site is wholly or partly in England is considered in an unfavourable condition by virtue of pollution from nutrients in water from one or both of those nutrients, gives notice as follows: 

Citation and commencement 

This Notice may be cited as the Designation of Sensitive Catchment Areas Notice 2024 and takes effect from 25 January 2024. 

Identification of sensitive catchment areas 

The following catchments have been designated as sensitive catchment areas under the Water Industry Act 1991.   

Phosphorus sensitive catchment areas   

  • Poole Harbour SPA/Ramsar  
  • River Avon SAC  
  • River Axe SAC  
  • River Camel SAC  
  • River Derwent and Bassenthwaite Lake SAC (only applies to catchments of Bassenthwaite Lake (River Derwent and Tributaries SSSI unit 1) and River Marron (unit 124 of River Derwent and Tributaries SSSI)) 
  • River Eden SAC  
  • River Itchen SAC  
  • River Kent SAC (only applies to catchments of units 104 and 111 of River Kent SSSI
  • River Lambourn SAC  
  • River Mease SAC  
  • River Wensum SAC  
  • Somerset Levels and Moors Ramsar  
  • Stodmarsh SAC/Ramsar  
  • The Broads SAC/Ramsar (only the following are included):  
    • Bure Broads and Marshes SSSI  
    • Trinity Broads SSSI 
    • Yare Broads and Marshes SSSI  
    • Ant Broads and Marshes SSSI  
    • Upper Thurne Broads and Marshes SSSI 

Nitrogen sensitive catchment areas   

  • Poole Harbour SPA/Ramsar 
  • Solent (catchments of): 
    • Chichester and Langstone Harbours SPA/Ramsar 
    • Solent and Southampton Water SPA/Ramsar 
    • Solent Maritime SAC 
    • Portsmouth Harbour SPA/Ramsar 
  • Stodmarsh SAC/Ramsar 
  • Teesmouth and Cleveland Coast SPA/Ramsar 
  • The Broads SAC/Ramsar (only the following are included):  
    • Bure Broads and Marshes SSSI  
    • Trinity Broads SSSI 
    • Yare Broads and Marshes SSSI  
    • Ant Broads and Marshes SSSI  
    • Upper Thurne Broads and Marshes SSSI 

Effect of this notice 

In designated catchments, water companies have a duty to ensure wastewater treatment works serving a population equivalent over 2,000 meet specified nutrient removal standards by 1 April 2030. Competent authorities (including local planning authorities) considering planning proposals for development draining via a sewer to a wastewater treatment works subject to the upgrade duty are required to consider that the nutrient pollution standard will be met by the upgrade date for the purposes of Habitats Regulations Assessments.  

A limited exemption process will be completed by 1 April 2024, when wastewater treatment works exemptions will be confirmed, which may affect the levels of nutrient mitigation that development must secure for specific wastewater treatment works in some catchments. It is important that planning decisions continue to be taken based on material planning considerations.