GovWire

This guidance is for developers and other parties creating nutrient mitigation proposals.

To reduce the impact of nutrient pollution on protected sites, Natural England has given advice to local planning authorities across England. This is that, if protected sites are not in favourable condition due to excess nutrients, projects and plans that affect the sites should only go ahead if they will not cause additional pollution.

You can check if a site is affected by this advice by contacting your local planning authority.

Nutrient neutrality and the environment

One way you can show your development will not cause additional pollution is through nutrient neutrality. This means that new development can happen if you mitigate (fully offset) the nutrient load created through additional wastewater from the development.

Nutrient mitigation work is likely to have other impacts on the environment. You will need to discuss your plans with the Environment Agency and Natural England. They will tell you:

• what environmental permissions you need to apply for (through their role as regulators)
• what information they would expect as planning consultees, if planning permission is required

Permits and licences have conditions to protect the environment. This could affect:

• how you design your scheme
• if your proposal can go ahead

Wetland proposals

If you are proposing to use wetlands to reduce nutrient pollution, you need to check if:

• your local planning authority has a strategic plan for nutrient mitigation
• Natural England think your plans will provide the required level of nutrient mitigation

As part of your proposal, you should assess the impacts on:

• rivers and streams due to their ecological value and because they may be protected habitats
• water availability due to licencing restrictions each catchment area has an abstraction licence strategy which sets out the availability of water
• fish passage and spawning habitat
• flows which may affect water temperature
• the floodplain which may affect the flood risk to others
• the geomorphology (form and processes) of a river or stream

Some of the environmental constraints may:

• affect your schemes ability to work at the level you intend it to
• prevent your mitigation proposal operating at all

You may need to create a new version of a design once you get feedback from Natural England and the Environment Agency. This is to make sure it:

• is sustainable in the local environment
• achieves what it set out to do

Take this into account when planning how long it takes to get the permissions you need.

Get advice on the permissions you need

Getting advice from Natural England and the Environment Agency at an early stage will help you:

• understand the environmental impacts of your scheme
• find out which permissions you need
• give the right information when you apply
• avoid delays

Find out how to get:

• environmental advice on your planning proposals
• advice about environmental permits
• advice about abstraction licences
• advice on planning proposals affecting protected species

Each guide explains how long it will take for you to get a response.

Examples of permissions you may need

If you create a wetland next to a surface watercourse (such as a river), you are likely to need:

• an environmental permit for flood risk activities
• an abstraction licence

You may need a bespoke waste permit to use wetlands to improve effluent from sewerage undertakers wastewater treatment works. But check if you can comply with the Environment Agencys regulatory position on using wetlands to improve treated effluent discharge (RPS 260).

You may need other permissions depending on the location of the wetland.

Twin tracking

You should get advice and apply for the planning and environmental permissions you may need at the same time. This is known as twin tracking.

Doing this helps:

• improve the assessment process, as issues can be considered together
• resolve issues or opportunities before the decision stage
• reduce the need for you to send more information

Apply for the permissions you need

After you have found out which permissions you need, find out how to apply for:

• an environmental permit
• an abstraction licence
• a wildlife licence

It can take around 4 months for you to get a decision on a new permit or abstraction licence application. It may take longer if your application is complex, needs to be advertised or if there is a queue of applications. You should plan for this.

Check the guidance for each type of permission for:

• how much it costs
• how long it should take for you to get a decision

Update your permissions

You may need to update your environmental permits and licences later if you adapt your nutrient mitigation proposal.

Find out how to:

• change, transfer or cancel your environmental permit
• change a water abstraction or impoundment licence
• extend or renew a wildlife licence