THE House of Lords has rejected plans by the Government to scrap nutrient neutrality requirements for housebuilding, which were intended to unblock the delivery of some 145,000 homes across England, including over 18,000 homes in the catchment of the Somerset Levels & Moors.

It’s been estimated that housebuilders are responsible for less than 1 per cent of nutrients entering rivers and lakes. The Government had therefore proposed to free up housing development from the need to demonstrate nutrient neutrality, and instead to tackle the main causes of nutrient pollution at source. The plans would have required water companies to upgrade wastewater treatment works, incentivised farmers to reduce run-off and improve slurry storage and spreading procedures, and provided funding for restoration of affected environments and habitats.

However, there has been significant criticism of the proposals, raising concerns that the plans would lead to further pollution of vulnerable waterways, and that the Government was rolling back its commitment to environmental improvement.

This defeat means that the measures cannot now be reconsidered under the Levelling-Up and Regeneration Bill, which is undergoing final scrutiny in Parliament.  However, ministers are understood to be considering their next steps, and the Government may seek to re-introduce the proposals in the King’s Speech in the autumn.

For the time being, developers will still be required to mitigate the discharge of nutrients from their developments, either on-site, or off-site through payment into phosphate credit schemes.

Greenslade Taylor Hunt’s Development Land and Planning Department has been advising developers, landowners and farmers across the South West in relation to nutrient neutrality since the issue first arose in 2020.  If you may benefit from further advice in relation to these matters, please contact our specialist consultants by calling 01823 334466, or emailing landplanning.taunton@gth.net.