Nitrates and the Teesmouth & Cleveland Coast Special Protection Area / Ramsar
BACKGROUND
On 16 March 2022 Hartlepool Borough Council, along with our neighbouring authorities in the catchment of the Tees, received formal notice from Natural England that the Teesmouth & Cleveland Coast Special Protection Area/Ramsar (SPA) is now considered to be in an unfavourable condition due to nutrient enrichment, in particular with nitrates, which are polluting the protected area.
The Teesmouth & Cleveland Coast SPA & Ramsar sites encapsulates the coastal and estuarine areas to the east and south of the Borough. It extends across the Tees and to the west into areas controlled by Redcar & Cleveland BC and Stockton BC. This is a protected area designated for its important ecological features (particularly Bird species and assemblages).
It is understood that the nitrate enrichment is mainly caused by farming activities and discharges from existing sewage treatment works, however the concern is that this will be exacerbated by new development.
Accordingly, we have been advised that as a Competent Authority, and also as the Local Planning Authority, that we need to consider the nutrient impacts of any in-scope development on the SPA and whether those impacts may have an adverse effect on its integrity that requires mitigation. The Council is also required where necessary to secure that mitigation when determining applications for in-scope development.
In summary, the advice from Natural England indicates that in-scope development includes new homes, student accommodation, care homes, tourism attractions and tourist accommodation, as well as permitted development (which gives rise to new overnight accommodation). It also includes agriculture and industrial development that has the potential to release additional nitrogen into the system. Other types of business or commercial development, not involving overnight accommodation, will generally not be in-scope unless they have other (non-sewerage) water quality implications.
NUTRIENT NEUTRALITY
Natural England have suggested that, in many cases, this issue can be tackled through an approach based on the concept of Nutrient Neutrality. They have provided a Nutrient Neutrality Budget Calculator (NNBC) tool for the Tees catchment, with guidance notes, which allows a nutrient budget to be established for any development.
To complete the NNBC you will need to know the name of the Waste Water Treatment Works which will receive waste water from your site. These details can be obtained from Northumbrian Water through their pre-planning enquiry service or by contacting them at developmentenquiries@nwl.co.uk. When using the NNBC it is currently recommended that an occupancy figure of 0.56 is used.
DEVELOPMENT DISCHARGING TO THE SEATON CAREW, OR BILLINGHAM, WASTE WATER TREATMENT WORKS
Following positive discussions with Natural England they have confirmed in a letter of 6 July 2022, and email of 13 July 2022 that a significant effect on the Teesmouth & Cleveland Coast SPA and Ramsar site from discharges of nitrates (from foul or surface water) from new development to the Seaton Carew Waste Water Treatment Works (WWTW), or Billingham Waste Water Treatment Works (WWTW), where discharges are via the long sea outfall to the North Sea, can be excluded. This is because Natural England’s Nutrient Neutrality advice applies where there is a pathway or hydrological connection between the nutrient source and the Habitats site. Any nutrient discharges directly into, or upstream of the site are therefore within the scope of this advice. Discharges downstream, or beyond the Habitats site, where there is no hydrological connection, in this case via a long-sea outfall to the North Sea can be excluded (this is current advice and could change subject to any future evidence or information).
This is a very positive development and in light of this new advice, Natural England have produced an updated NNBC. This can be accessed below.
In terms of surface water (not discharging to the above WWTW) following further discussions concluded in January 2023, Natural England have confirmed that where foul water from a development discharges to the Seaton Carew or Billingham WWTW, and the development is below the Environmental Impact Assessment (EiA) thresholds (see below) and it incorporates SuDS (Sustainable Drainage Systems) (see below) we can conclude that it will have no significant effect in terms impacts arising from nitrogen pollution on the SPA. In such cases there is no requirement to complete the NNBC however you will need to submit a Nutrient Neutrality Statement (see below).
If your development discharges foul water to the Seaton Carew or Billingham WWTW, is below EIA scale but cannot implement SuDS consideration will need to given as to whether the development will significantly alter surface water arrangements, advice on this matter can be obtained through our One Stop Shop pre-application advisory service.
It should be noted that this is general advice and there may be instances, where notwithstanding this advice, further investigation and supporting information is required. In all cases specific pre-application advice can be obtained through our One Stop Shop pre-application advisory service.
EiA thresholds
The EiA thresholds are set out within Schedule 2 of the Town & Country Planning (Environmental Impact Assessment) Regulations 2017 (link below) for urban development projects (including housing) for example (10b) the threshold is exceeded if the development includes more than one hectare of urban development which is not dwellinghouse development, or it includes more than 150 dwellings or the overall area of the development exceeds 5 hectares.
SuDs
SuDS (Sustainable Drainage Systems) may include swales, reed beds, ponds, filter trenches, attenuation tanks and detention basins.
MITIGATION
Once the nutrient budget has been established through the NNBC it will then be necessary for mitigation to be identified and secured to address any positive nutrient balance to achieve a neutral balance and this will be the challenge that now presents itself. If mitigation is required it is also likely to have financial implications for your development.
For larger schemes mitigation might involve, for example, providing on site Waste Water Treatment Works incorporating nitrate removal solutions, or changes to the use of land within the catchment of the Tees from more nitrate intensive to less nitrate intensive uses to achieve an overall neutral nitrate balance. For smaller schemes it may be more difficult to provide mitigation in a cost effective way and strategic solutions which such development can buy into will need to be explored and developed.
Natural England have developed a mitigation scheme (launched on 31 March 2023) and further information on this scheme can be obtained on the links below. It is a Natural England scheme but it is understood that finite credits will be available on a first come, first served, basis so any application should not be delayed.
You can find more information about the scheme, how you can apply for credits and FAQs by following the links below:
The new Nutrient Mitigation Scheme GOV.UK site: Applying for Credits and the Process
An update to the Nutrient Pollution Policy Paper: Nutrient pollution: reducing the impact on protected sites - GOV.UK (www.gov.uk)
An updated set of FAQs: Nutrient Neutrality and Mitigation: A summary guide and frequently asked questions - NE776 (naturalengland.org.uk) – this is an update to the previously published document.
Any questions about the scheme should be directed to Natural England’s Nutrient Mitigation mailbox: nutrientmitigation@naturalengland.org.uk
VALIDATION
i) Our Local Validation requirements require that if you are proposing to bring forward in scope development where foul water from a development (or foul and surface water) discharges to the Seaton Carew or Billingham WWTW and the development is below the EiA thresholds, and you intend to incorporate SuDS within the development you will need to submit a Nutrient Neutrality Statement. This statement should include:
- Location of development in relation to the River Tees catchment;
- Details of proposed application;
- Details of the current land use (please show where there is a difference in land use over the last 10 years);
- Details of how foul and surface water drainage will be disposed of;
- Details of any proposed SuDS incorporated in the development
ii) Our Local Validation requirements require that if you are proposing to bring forward in scope development which exceeds the EiA thresholds, or which does not discharge to the Seaton Carew or Billingham WWTW, or does not incorporate SuDS you will need to complete and submit the Nutrient Neutrality Budget Calculator for the Tees catchment. You will also need to submit a Nutrient Neutrality Statement with the calculator results. This Statement should include:
- Location of development in relation to the River Tees catchment;
- Details of proposed application;
- Details of the current land use (please show where there is a difference in land use over the last 10 years);
- Details of how foul and surface water drainage will be disposed of;
- Details of the nitrate budget calculation including a table of key findings;
- Details of any mitigation if appropriate; and
- Overall justification of the proposed land use and number of dwellings.
The completion of the Nutrient Neutrality Budget Calculator and the Nutrient Neutrality Statement should be carried out by a competent person with the relevant experience.
If the results show no increase in nitrates, subject to our verification, no mitigation is required, please submit nitrates calculator results with your application.
If the results show an increase in nitrates, mitigation needs to be considered and secured (mitigation proposals can be discussed with Natural England). It will then be necessary to consider and agree any mitigation with Natural England and ensure that it is legally secured.
If mitigation cannot be achieved on site or off site through alternative owned landholdings within the river catchment of the development site, you would be advised not to submit the application. The LPA cannot determine the application favourably with no mitigation secured.
GENERAL
We are working with Natural England, and our Catchment Partners within the Tees Valley to agree a common approach and identify potential solutions. In the meantime advice on suitable mitigation can be obtained from Natural England by emailing enquiries@naturalengland.org.uk.
Natural England have produced a summary guide including answers to frequently asked questions on the link below and you are asked to review these documents before contacting them directly.
Nutrient Neutrality: A summary guide and frequently asked questions - NE776 (nepubprod.appspot.com).
In light of the experience of authorities that have previously been subject to this advice it is anticipated that this issue may well take some time to fully resolve and we would therefore ask for your continued patience.
Last Updated 05/03/2024
