Agenda item

The Chair to advise the Committee of any items on which members of the public have requested to speak and advise those members of the public present of the details of the Council’s public participation scheme.

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The committee noted the statement from David Orr.

The Chair welcomed David Orr to the Scrutiny Committee Climate and Place who introduced himself and presented his statement (Supplement 1 pages 5-6) to the committee. In addition to the statement that had been published in advance of the meeting, Mr Orr added; 

“I went to a Strategic Planning meeting in March and requested relevant information on the legal position and the impact on the 5-year housing supply (if held-up homes were released). I received partial information, so I followed-up. Councillor Rigby has now obtained the withheld information but too late for my use here today.” 

Kate Murdoch, Service Manager Planning Policy and Implementation thanked Mr Orr for his statement and provided responsesfor each section of Mr Orrs statement as follows; 

Section 1. It is ironic that we are meeting today to discuss “Water Quality in Somerset” when this Council does not have a formal policy for that. A senior planner advised me I had made the common mistake of thinking that “nutrient neutrality” was about getting our world-renowned moors and levels into a good condition. She stated that “Nutrient neutrality is a national approach to provide a solution to a legal requirement".  

Cornwall Council recognised that the “Competent Authority” planning role in nutrient neutrality was a community leadership role. Cornwall decided to make clean rivers and building social and affordable housing their top priorities. There have been no negative outcomes or legal threats, from their 2023 decision in Bodmin, to count sewage treatment works upgrades.  

RESPONSE 

Cornwall Council took an alternative approach with one planning application for 170 dwellings in Bodmin. At the current time Cornwall Council have not applied this approach to other sites impacted by NN in the River Camel. Cornwall Council was also awarded Nutrient Mitigation Funding by Government and is progressing a phosphate credit scheme for the River Camel.  This clearly demonstrates that phosphate mitigation is still required to unlock impacted development in Cornwall.  

Members have received a briefing note on this specific matter (7^th March) and both the LGA legal advice and Somerset Council’s own legal advice on this matter has also been circulated to members. 

Section 2. In Somerset, we are using the Natural England nutrient neutrality guidance as “rules for the following of”, rather than emulating Cornwall in prioritising water quality and community benefits. 

RESPONSE 

Natural England is responsible for enforcing laws that protect SPAs and SACs and all the local authorities impacted by nutrient neutrality (approx. 70 local planning authorities) are following the advice (including Cornwall).  Again I would like to draw member’s attention to the LGA legal advice and Somerset Council’s own legal advice both of which have been provided to members. 

 Habitats Regulations advice for LPAs | Local Government Association 

Section 3. Somerset has 18,000 held-up homes with insufficient numbers of social and affordable homes being built; with negative impacts on the 5-year land supply, which knocks out local development plans, encouraging some developers to make speculative planning applications.  

If nutrient neutrality is only actioned via the planning system, then the burden narrowly falls upon new homes, while existing homes, current and past agricultural practice and climate change impacts are ignored. Worse still, is that this outdated and unevidenced policy will not, I believe, get our precious levels and moors back into a favourable condition by 2030.  

For example, the Somerset phosphate calculator assumes that 100% of waste water from a new home finds its way, even after modernised wastewater treatment, on to the moors and levels, when scientific research shows it doesn’t. The calculator than adds another 20% to that 100%! Why can’t that 20% super-precautionary buffer now be removed from the calculator, to lower phosphate credit costs by 17%, with immediate effect?  

RESPONSE 

The precautionary buffer is based on advice from Natural England and they are responsible for enforcing laws that protect the Somerset Levels and Moors Ramsar site.  If Natural England advises that we can remove the 20% precautionary buffer we will do so.  The Habitat Regulations requires a high bar of ‘beyond reasonable scientific doubt.’ 

However in the State of our Rivers Report 2024 published by the Rivers Trust it highlights that:  

Evidence from published studies have shown that spot sampling can underestimate phosphorous pollution loads by 60% and that up to 80% of the phosphorous pollution load can enter rivers in just 2 or 3 rainfall runoff events. 

State of our Rivers Report 2024 | The Rivers Trust 

Section 4. I am sceptical that the claims for Batch Reverse Osmosis and the grant funding will remove the 18,000 held-up homes backlog by 2030, as there is no financial case to demonstrate viability. 

RESPONSE  

The Salinity Solutions trial and rollout is not intended to unlock the 18,000 dwellings, it is part of a package of measures to deliver phosphate mitigation (both temporary and permanent measures).  The £9.6m funding is intended to deliver a range of measures that in combination aim to unlock the 18,000 dwellings impacted by nutrient neutrality.  The 18,000 dwellings are to meet the Council’s requirements to 2032 and not 2030. 

Section 5. Somerset needs a nutrient neutrality policy that is evidence-led, targeted at improving the condition of the moors and levels and supports the economic and social well-being of Somerset.  

RESPONSE 

Nutrient Neutrality is national advice from Natural England as the statutory body responsible for Special Protection Areas such as Somerset Levels and Moors.  Nutrient Neutrality is not about ‘improving the condition’ of the Somerset Levels and Moors Ramsar site, instead it is about ensuring new affected development has a neutral impact on current nutrient levels entering the Ramsar sites.   

Local Government does not have a statutory responsibility to restore Special Protection Areas and Special Areas of Conservation.   

Section 6. I strongly urge this Scrutiny Committee to recommend that the Council conducts an urgent and independent review of the current nutrient neutrality policy and develops a formal policy for “Water Quality in Somerset”. 

RESPONSE 

The Council has a range of environmental protection policies within the Local Plans that cover Somerset and these inform and support the future sustainable development of Somerset. However the Council does not have a statutory responsibility for water quality or for the status of the Special Protection Areas and Special Areas of Conservation.   

The Environment Agency is the main body responsible for regulating water quality and ecological protection.Natural England is responsible for enforcing laws that protect SPAs and SACs.Ofwat is the economic regulator for the water sector.  

The Council has been awarded £9.6m funding to deliver nutrient mitigation to unlock impacted developments.  This is also a unique opportunity for the Council to deliver for Somerset residents on its climate and nature recovery commitments.  This funding can also seek to stack other wider benefits such as nature recovery, water quality and natural flood management measures. 

The Chair thanked Mr Orr for his statement and advised that he would receive the full written response to his statement within 5 days of the meeting.  

The committee noted the statement from David Orr.