Nutrient pollution: Direction to Natural England on strategic mitigation schemes
Published 28 July 2022
Applies to England
© Crown copyright 2022
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Direction given by the Secretary of State for Environment, Food and Rural Affairs to Natural England under section 16(1) of the Natural Environment and Rural Communities Act 2006 (the NERC Act).
1. Background
1.1 Natural England’s general purpose under s. 2 of the NERC Act is to ensure that the natural environment is conserved, enhanced and managed thereby contributing to sustainable development. Natural England provides statutory advice on appropriate assessments of plans and projects, such as planning applications, which are likely to have a significant effect on protected sites, when consulted under regulation 63(3) of the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations).
1.2 Natural England have powers to provide advice under s. 4 of the NERC Act. Following consultation with and endorsement by government, they have issued advice to local planning authorities on the nutrient impacts of new plans and projects on protected sites and have proposed a solution of achieving ‘nutrient neutrality’ to enable developers to meet the requirements of the Habitats Regulations. This allows development to go ahead if additional nutrient load from wastewater is counterbalanced by removing nutrients from other land or water where it is the cause of sites being in unfavourable condition.
1.3 Natural England also have general and incidental powers under s.5 and s.13 of the NERC Act.
2. Direction
2.1 The Secretary of State, in exercise of the power conferred by section 16(1) of the NERC Act, gives the following direction.
2.2 Subject to agreed funding, the Secretary of State directs Natural England to take the steps that they have proposed and that are within their control to prepare, facilitate and administer the operation of strategic mitigation schemes in any or all of the catchments where at the date of this direction there are restrictions on development because of concerns in relation to nutrient pollution. The objective of the strategic mitigation schemes is to allow developers the opportunity to purchase the benefit of off-site mitigation works from Natural England in order to provide information to local planning authorities to show that, in their and Natural England’s opinion, the proposed development has addressed nutrient pollution issues under the Habitats Regulations.
2.3 In preparing such schemes Natural England should prioritise those catchments where, in their opinion, they will have the most impact at addressing development pressure that is impeded by nutrient pollution impacts. Where an existing strategic mitigation scheme is in place in a catchment, Natural England should consider that existing scheme to establish in their opinion the extent of any further strategic mitigation scheme that may be appropriate.
2.4 The Secretary of State supports Natural England in its approach to establishing strategic mitigation schemes and will seek to facilitate cooperation across government to enable efficient preparation and operation of the schemes.
3. Commencement and duration
3.1 This Direction is given on 28 July 2022 and comes into force with immediate effect. The Direction will expire on 31 December 2030 and may be subject to review at any time.