Agenda item

Resolved:

That the Strategic Planning Committee NOTED: 

a.         The content of the report and theactivity across the 3 affected river catchments which continued to unlock the delivery of housing and affected development which had been on hold due to the need to ensure nutrient neutrality.  

b.          The anticipatedlegislative changes flowing from the Levelling Up and Regeneration Bill, (as summarisedin paragraphs 33 to 38 of the report).   

c.          The outcome of the Council’s funding bid to the Government’s Nutrient Mitigation Fund.  

That the Strategic Planning CommitteeAGREED: 

d.         An expansion to the criteria for River Tone P-credit allocation to allow for the allocation of remaining River Tone P-credits to prioritise all full planning applications,applications for the approval of reserved matters or discharge of conditions and Section 73 applications that relate to C3 housing development or traveller accommodation and are otherwise ‘ready to proceed’ in planning terms.  

e.          That 10 River Tone P-credits are ‘ringfenced’ and can only be allocated to minor applications for housing development proposals for less than 10 dwellings.  

f.          The River Tone P-credit scheme maintains the requirement that P-credits are allocated to planning applications for ‘implementable development’ ( development that can be commenced within 3 months of planning permission being granted (unless otherwise agreed with the Local Planning Authority)).  

(Voting: 5 in favour, 0 against, 2 abstentions)

The Principal Planning Policy Officer advised that he would update Members on recent events on phosphates and nutrient neutrality, the anticipated legislative changes proposed in the Levelling Up and Regeneration bill. and the Council's £10m funding bid to the Nutrient Mitigation fund.  He noted that his report also proposed amending the criteria for allocating River Tone P-Credits.  He also advised that:

·       Natural England had signed off the key changes to the Somerset Phosphate Budget Calculator and this would be uploaded to the Council’s website together with an explanatory video.

·       The River Axe would use the national phosphate calculator and there were regular meeting with the Environment Agency, Natural England and Wessex Water together with a Developers Forum scheduled for December 2023.

·       Jurston Farm, Wellington had been a national test case.  The planning appeal had been dismissed in 2022 and it had also been challenged at and dismissed by the High Court.  The Court of Appeal would be next.

The Phosphate Planning Officer provided an update on the planning applications held in abeyance and seeking phosphate solutions on the River Brue, River Parrett, River Axe and River Tone (see presentation slides).

The Principal Planning Policy Officer noted the proposed changes to the Levelling Up & Regeneration bill which had been voted down in the House of Lords and the additional legislation expected in the upcoming Kings Speech.  He also noted there was currently a duty on water companies to upgrade their Waste Water Treatment Works by 2030 for facilities serving over 2,000 people or households.   He concluded by outlining the partnership funding bid to the Government’s Nutrient Mitigation Fund of capital funding £9.63m and revenue funding £0.9m.  He also noted a reply to the Council’s lobbying letters to the Government and a letter which had been received from Care UK the previous day.

The Phosphate Planning Officer provided an update on the phosphate credit scheme which had been operating for 12 months and was due for review.  She said that the scheme still had 30 credits to be allocated and it was proposed to retain 10 credits for schemes of less than 10 dwellings and the remaining 20 would be for minor and major, but implementable schemes.  The proposal would maximise the objective to facilitate development.

In response to questions from Members, the Principal Planning Policy Officer advised that:-

·       the number of phosphate credits required for a development depended upon a range of factors, such as the Waste Water Treatment Works which the development fed into, rainfall, soil type and locality.  Typically, the amount of homes a single credit unlocked was higher in a town than for a rural area. 

·       River Tone credits were exclusively for developments within the River Tone catchment area.   

·       One project linked to River Tone P-credits involved water efficiency measures which were being introduced into the former SWaT housing stock.

·       Officers were passing on their knowledge of phosphate mitigation measures to third party providers.

·       The cost of one P-credit was circa £55,000 but this equated to 1kg of phosphate removed per year.  Many smaller developments would not require a whole P-credit (1kg/P/year) and they could acquire P-credits in tenths (e.g. 0.1).

·       Private companies were offering to upgrade septic tanks to Package Treatment Plants (PTP’s) and the Council’s website would be updated shortly with information to residents on this issue.

·       The national Phosphate calculator had an occupancy calculator rate of 2.4 people per dwelling.

·       The Somerset Phosphate Budget Calculator was only for the river catchments which fed into the RAMSAR sites.  The River Axe did not feed into this.

·       Concerned residents could check the Council’s website and contact or email officers for advice.  Website: https://www.somerset.gov.uk/planning-buildings-and-land/phosphates-on-the-somerset-levels-and-moors-ramsar-site/

or email phosphates@somerset.gov.uk

At the conclusion of the debate, the recommendations of the report were proposed by Councillor Andy Soughton and seconded by Councillor John Hunt and were agreed by 5 in favour, 0 against and 2 abstentions.

Resolved:

That the Strategic Planning Committee NOTED: 

a.              The content of the report and the activity across the 3 affected river catchments which continued to unlock the delivery of housing and affected development which had been on hold due to the need to ensure nutrient neutrality.

b.              The anticipated legislative changes flowing from the Levelling Up and Regeneration Bill, (as summarised in paragraphs 33 to 38 of the report).

c.              The outcome of the Council’s funding bid to the Government’s Nutrient Mitigation Fund.

That the Strategic Planning Committee AGREED: 

d.              An expansion to the criteria for River Tone P-credit allocation to allow for the allocation of remaining River Tone P-credits to prioritise all full planning applications, applications for the approval of reserved matters or discharge of conditions and Section 73 applications that relate to C3 housing development or traveller accommodation and are otherwise ‘ready to proceed’ in planning terms.

e.              That 10 River Tone P-credits are ‘ringfenced’ and can only be allocated to minor applications for housing development i.e. proposals for less than 10 dwellings.

f.               The River Tone P-credit scheme maintains the requirement that P-credits are allocated to planning applications for ‘implementable development’ (i.e. development that can be commenced within 3 months of planning permission being granted (unless otherwise agreed with the Local Planning Authority)).

(Voting: 5 in favour, 0 against, 2 abstentions)