Agenda, decisions and minutes

To receive any apologies for absence.

Apologies were received from Councillor Suria Aujla, Councillor Adam Boyden subtituted by Cllr Mike Rigby, Cllr Edric Hobbs substituted by Cllr Mike Murphy, Prof Paul Withers from Lancaster University and Prof Penny Johnes from Bristol University.

The Chair welcomed all those in attendance and online to a Special Scrutiny meeting regarding Water Quality in Somerset and began by read the following opening statement for context.  

“To provide a little context before we begin the presentations, today’s session is not about revisiting ‘nutrient neutrality’ but to provide a better understanding of the research that is currently underway to understand nutrient pollution sources on the Somerset Levels and Moors and to outline the actions key organisations are taking to reduce nutrient pollution. It should be noted that Somerset Council does not have a statutory responsibility for water quality and whilst we are actively engaged with partners to support improvements in water quality, we are limited in our powers” 

Apologies for absence were received from Cllrs Edric Hobbs (Cllr Murphy as sub),Cllr Adam Boyden (Cllr Rigby as sub), Cllr Suria Aujla (new committee member), Prof Penny Johnes from Bristol University and Prof Paul Withers from Plymouth University. 

The Chair, on behalf of the committee, gave thanks to Cllr Steve Ashton (in attendance as a non-committee member) whohas been replaced by Cllr Suria Aujla, for his knowledge and the valuable contributions he made during his time on the committee. 

To invite nominations and elect a vice-chair for the meeting.

Councillor Henry Hobhouse was elected as vice-chair for the meeting.

In the absence of Vice-chair Cllr Adam Boyden, The Chair invited members to nominate a Vice-chair for the meeting.  

Cllr Harry Munt proposed that Cllr Henry Hobhouse be elected, which was seconded by Cllr Mike Rigby. 

Members Voted unanimously in favour and Cllr Henry Hobhouse was duly elected as the vice chair for the meeting. 

To receive and note any declarations of interests in respect of any matters included on the agenda for consideration at this meeting.

(The other registrable interests of Councillors of Somerset Council, arising from membership of City, Town or Parish Councils and other Local Authorities will automatically be recorded in the minutes: City, Town & Parish Twin Hatters - Somerset Councillors 2023 )

There were no declarations of interest received.

There were no declarations of interest received.

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.

For those members of the public who have submitted any questions or statements, please note, a three minute time limit applies to each speaker and you will be asked to speak before Councillors debate the issue.

We are now live webcasting most of our committee meetings and you are welcome to view and listen to the discussion. The link to each webcast will be available on the meeting webpage, please see details under ‘click here to join online meeting’.

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  ...  view the full minutes text for item 63.

To receive a presentation from Natural England.

Further reading:

Predicting Lemna growth based on climate change and eutrophication in temperate freshwater drainage ditches

Restoration management of phosphorus pollution on lowland fen peatlands: A data evidence review from the Somerset Levels and Moors (sciencedirectassets.com)

The committee received a presentation from Mark Taylor, Natural England.

The Chair welcomed Mark Taylor,Senior Water Advisor, Wessex Area, and colleagues from Natural England who were in attendance online.  

Mr Taylor gave a presentationof the evidenceof the pollution problem, the impacts on the natural habitat,the need for a holistic approach to theframework for restoration of the ecology of the Somerset Levels and Moors (Supplement 1 Pages7-24) and invited members to make comments and ask questions at the end of the presentation.  

Following the presentation the following points were discussed with members.

·         One member sought clarity that the local planning authority (LPA) is the decision maker, and that Natural England acts as statutory advisorson nature conservation. 

·         Rising temperatures due to climate change is increasing the oxygen problem in aquatic ecosystems.  

·         Page 17 –The rationale behind the use of the model applied in Holland.  

·         Page 14 – In the Graph showing trends of phosphorous in Somerset’s rivers. Why is data for the River Tone so different to the others.  

·         One member thanked Mr Taylor for his very impressive presentation and asked Mr Taylor if the work of Natural England is strongly enough linked to policy development and influencing funding decisions? Mr Taylor agreed that this is a very good question and that there is a need for all partners across Somerset to pull together to make the restoration of the SLM’s happen.  

·         Regarding oxygen levels and the health of ditches on the SLM’s,we have seen a significant decline in the last 65 years. 

·         A member sought clarity on whether Somerset Council has representation on the Somerset Catchment Partnership,and it was confirmed that there is both officer and member representation.   

·         Referencing the case in Cornwall cited in Mr Orr’s public statement, Natural Englandtakes an advisory role,but that does not always mean that Natural Englandagrees with the decisions that are upheld by the Local Planning Authorities.   

·         The scale of the challenge in terms of the point of no return for the ecology of the SLM’s. 

·         Mr Taylor received several comments and questions from non-committee members in attendance online regarding specific issues and he andhis colleagues from Natural England offered to speak with members about specific issues outside of the meeting. 

The Chair thanked Mr Taylor and his colleagues for their attendance andthe presentation which members have found incredibly interesting and informative. 

To receive a presentation from Dr Andrew Clegg

The Chair welcomed Dr Andrew Clegg, a former research chemist from Martock, Somerset to give a presentation to the committee regarding his own research on the phosphate load in the Parrett-Yeo system, citing examples of data sampling and findings from several locationsin the SLM area.(Supplement 1 pages 25 –36) 

During the presentation Dr Clegg invited comments and questions from the committee and the following points were discussed with members - 

·         The Vice-Chair asked Mr Clegg about the residual amounts of phosphates at the bottom of rivers and streams and Mr Clegg advised that his opinion was that the phosphates have likely to have been in the water for many years and have likely originatedfrom sewage works. 

·         One member suggested that Dr Clegg’s research shows us that the phosphate calculator used by Somerset Council is not fit for purpose, and the 20% buffer serves no purpose and should be removed. 

·         In terms of the data, the phosphate load data being presented by Dr Clegg is newer than the data(although different in nature) shared by Natural England in the previous presentation and both Dr Clegg and Mark Taylor from Natural England explained the key differences in their respective data sets, reassuring members of thevalidity and reliability of all of the data that has been brought to the committee. 

·         The Vice-Chair expressed his heartfelt thanks to Dr Andrew Clegg and felt that he should be commended for all the research and analysis that he had undertaken to better understand the issue of phosphate load.    

The Chair, on behalf of the committee, thanked Dr Andrew Clegg for his attendance and the very interesting and informative presentation.  

To receive a presentation from Somerset Internal Drainage Boards.

The committee received a presentation from Phil Brewin, Somerset Internal Drainage Boards.

The Chair welcomed Philip Brewin, Ecology Officer from the Somerset Internal Drainage Boards IDB) and invited him to give a presentationon the role and responsibilities of the IDB in terms ofits statutory duties withWater Level Management Plans and drainage infrastructure under the Land Drainage Act 1991.  

Following thepresentation Mr Brewin took comments and questions from the committee and the following points were discussed with members - 

·         The Executive Lead member for Climate Change queried the IDB’s use of historicplans, practices and regimesin setting and managingwater levels, suggesting a more responsive approach wouldbe important given that climate change is forcing us to do things differently.Mr Brewin advised that the IDB has permissive powers only over land management, and that the Water Level Management Plans follow trends of what landownersneed.  

·         The Vice-Chair sought clarity on membership of the IDB’s and inferred that historically IDB’s were made up of landowners. Mr Brewin advised that this is a very important point and is inaccurate, the IDB’s are made up of elected members from several stakeholder organisations, including councils, concerned with water management.   

·         The Vice-Chairasked Mr Brewin if the IDB have any knowledge of the amount pollution that is flowinginto the SLM’s, to whichhe confirmed that they do not, the IDBdo not measure flow into the SLM’s but that there is a need for a better understanding of this.  

·         Cllr Alan Bradford, a member of the Parrett Internal Drainage Board gave his own gratitude to the IDBs for all thegood work they do. 

·         In terms of water dredging, is this good or bad for nutrient levels? Mr Brewin advised that much of the sediment from water dredging comes from upstream, and not from the catchments, and is therefore low in phosphorous.     

·         Mr Brewin was asked for his professional opinion on the Bridgwater tidal barrier in terms of whether it is good or bad for nutrient levels. Mr Brewin responded by stating that the purpose of the barrier is to protect people and stop tidal surges into the River Parrett and that in his opinion this is a good thing.   

·         One member queried how the IDB’s fit in with the riparian responsibilities of landowners, The Environment Agency and theCouncil as LLFA. Mr Brewin explained that there are set responsibilities and clearly defined roles for all the relevant authorities concerned in water level management and, although the IDB recognises that there is always room for improvement, there is a focus on promotingeffective communication between all the agencies concerned.  

The Chair, on behalf of the committee, thanked Phil Brewin for  ...  view the full minutes text for item 66.

To receive a presentation from Wessex Water

The committee received a presentation from Matt Wheeldon, Wessex Water.

The Chair welcomed Matt Wheeldon, Director of InfrastructureDevelopment and Tim Stephens, Catchment Advisor from Wessex Waterto give a presentationto the committee. Mr Wheeldon highlighted an inaccuracy in the agenda title, andadvised that the presentation is titled ‘Wessex Water improvements driving phosphate level reductionin the rivers near the Somerset Levels and Moors’. 

Following the presentation Mr Wheeldon invited comments and questions from the committee and there were severaldiscussion points including -  

·         A member sought claritythat the easy 80% of bio solids that are removed at the wastewatertreatment works aresold on as fertiliser.  

·         A member asked questions around the origin, supply chainand use of coagulants such as ferric sulphate in water treatment works. 

·         There was a query on Slide 5 Phosphate load discharge permitted limit of300 tonnes per year, which is set at the technical achievable limit. 

·         The phosphate load discharge from water processed is plummeting as result of what Wessex Water is doing, from 292tonnes last yeardown to 147 tonnes a year later, of phosphate load discharged into the rivers near the Somerset Levels and Moors. 

Item for discussion

The committee received information from Giles Bryan, The Environment Agency.

Committee members, along with the representatives from all the flood and water management partners and stakeholders in attendance, in light of the research and analysis that had been shared at the meeting,discussed and debated the contribution of agriculturalpollution there was a general consensus that the solutions to the nutrient problem on the SLM’scannot be attributed to agricultural practices (which are regulated by the Environment Agency in the main) alone, and that the solution to the nutrient problem on the SLM’srequires a multi-faceted approach from all of the key partners for flood and water management in Somerset.   

The Chair to summarise the discussion and any next steps.  

The committee voted unanimously in favour of recommendations to the Executive as follows -

1. Immediately remove the 20% buffer included in the Somerset phosphate calculator.
2. Conduct a speedy review of the huge inconsistency between what Dr Clegg said, echoed by Wessex Water and what the calculator says with how much of the river borne phosphorus enters the Somerset Levels and Moors, as that calculator is what informs developers as to how much phosphate we are requiring them to offset.
3. Conduct an urgent review of the entire nutrient neutrality policy in light of the legal advice we have received, which makes it clear that headroom exists and that it could be used in the mitigation of new housing development.
4. The Climate and Place to set up a Task and Finish Group which will report back to the Committee on a tight timescale to set out the options available to the Council once it is in possession of the correct data.  
5. The Council looks to work on a Land Use Strategy as part of a Local Plan.

The Chair, on behalf of the committee and Somerset Council thanked allfor attending and for the very informative presentations and worthwhile discussionsregarding Water Quality in Somerset.  

The Chair gave his apologies to Prof Shane Rothwell of Lancaster University who he understood hadjoined the meeting online andhad intended on sharing a progress updatefor the Phosphorus SFA project under item 8 of the agenda but was unable to do to so due to being unable to stay for the duration of themeeting. The Chair asked Democratic Services colleagues to ensure that Prof Paul Withers and Prof Shane Rothwell be invited back to a future meeting to present their information.  

The Chair invited final comments from members and there was a proposal that given the information that had been shared at the meeting, the committee should look to make the following recommendations to the Executive. 

1.     Immediately remove the 20% buffer included in the Somerset phosphate calculator. 

2.    Conduct a speedy review of the huge inconsistency between what Dr Clegg said, echoed by Wessex Water and what the calculator says with how much of the river borne phosphorus enters the Somerset Levels and Moors, as that calculator is what informs developers as to how much phosphate we are requiring them to offset. 

3.    Conduct an urgent review of the entire nutrient neutrality policy in light of the legal advice we have received, which makes it clear that headroom exists and that it could be used in the mitigation of new housing development. 

4.    The Climate and Place committee to set up a Task and Finish Group which will report back to the Committee on a tight timescale to set out the options available to the Council once it is in possession of the correct data.  

5.    The Council looks to work on a Land Use Strategy as part of a Local Plan. 

The committee voted all in favour of the recommendations 1-5.  

Mickey Green, the Executive Director for Climate and Place thanked the committee for the recommendations, which would be followed up with the Executive committee, but asked members to remember that the Council does not have any statutory responsibilities toimprove water quality on the Somerset Levels and Moors, that the Council is following legal advice around nutrient neutrality, and that he would reflect on whether the Council has any resources available to support a Task and Finish Group at this time.