On 16 March 2022 we received formal notice from Natural England that the Teesmouth and Cleveland Coast Special Protection Area (SPA) and Ramsar site is in an unfavourable condition due to nutrient enrichment, particularly from nitrates.
This protected area includes coastal and estuarine habitats to the east and south of the borough and extends into neighbouring areas managed by Redcar & Cleveland and Stockton Borough Councils.
Why is this important?
The site is designated for its internationally-important bird species and habitats. Excess nitrates, mainly from agriculture and sewage treatment discharges, are contributing to pollution. New development could worsen this issue unless properly managed.
Council responsibilities
As the local planning authority and a competent authority, we must:
- assess the nutrient impact of any in-scope development
- determine whether it could harm the SPA’s integrity
- secure mitigation where necessary before granting planning permission
What is in-scope development?
In-scope development includes:
- new homes
- student accommodation
- care homes
- tourist attractions and accommodation
- permitted development that creates new overnight stays
- agricultural or industrial development that may release nitrogen
Most commercial development without overnight accommodation is not in scope unless it affects water quality.
Nutrient neutrality
Natural England recommends using a nutrient neutrality approach. This involves calculating a nutrient budget using the Tees catchment nutrient neutrality budget calculator (NNBC).
To complete the NNBC, you will need:
- the name of the waste water treatment works serving your site
- an occupancy rate (currently recommended as 0.56)
You can get this information from Northumbrian Water via their pre-planning enquiry service or by contacting them at developmentenquiries@nwl.co.uk.
Development discharging to Seaton Carew or Billingham waste water treatment works
Following discussions with Natural England, advice received in July 2022 confirms that discharges of nitrates (from foul or surface water) from new development to the Seaton Carew or Billingham waste water treatment works (WWTW)—where discharges are via the long sea outfall to the North Sea—are not considered to have a significant effect on the Teesmouth & Cleveland Coast SPA and Ramsar site.
This is because Natural England’s nutrient neutrality guidance applies only where there is a hydrological connection between the nutrient source and the protected site. Discharges that occur downstream or beyond the site, such as those via long sea outfalls, are currently excluded from this requirement. (Please note: this advice may change if new evidence emerges.)
As a result, Natural England has issued an updated nutrient neutrality budget calculator (NNBC).
Teesmouth Nutrient Budget Calculator
Surface water and sustainable draingage systems (SuDS)
In January 2023, Natural England confirmed that where:
- foul water discharges to Seaton Carew or Billingham waste water treatment works
- the development is below Environmental Impact Assessment (EIA) thresholds, and
- sustainable drainage systems (SuDS) are included
then the development is not likely to have a significant effect on the SPA from nitrogen pollution. In these cases, you do not need to complete the NNBC, but you must submit a nutrient neutrality statement.
If SuDS cannot be implemented, and the development is below EIA thresholds, you may still need to assess whether surface water changes could have a significant impact. We recommend seeking advice through our one stop shop pre-application service.
Please note: this is general guidance. In some cases, further investigation or supporting information may still be required.
What Are SuDS?
Sustainable drainage systems (SuDS) help manage surface water and may include:
- swales
- reed beds
- ponds
- filter trenches
- attenuation tanks
- detention basins
EIA thresholds
EIA thresholds are set out in schedule 2 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017) For example, under section 10(b), EIA is required if:
- the development includes more than 150 dwellings,
- the site area exceeds 5 hectares, or
- it includes over 1 hectare of non-residential urban development
Mitigation
If your nutrient budget (calculated using the NNBC) shows a positive nutrient balance, you must identify and secure mitigation to achieve nutrient neutrality.
This may have financial implications for your development.
Examples of mitigation
- larger developments may provide on-site WWTW with nitrate removal or change land use to reduce nitrate output
- smaller developments may find it more difficult to mitigate on-site and may need to buy into strategic mitigation schemes
Natural England’s mitigation scheme
Natural England launched a nutrient mitigation scheme on 31 March 2023. This scheme offers nutrient credits to help developers meet mitigation requirements.
Credits are limited and available on a first come, first served basis. Early engagement is advised.
Find out more:
- Apply for Nutrient Credits – GOV.UK
- Nutrient Pollution Policy Paper – GOV.UK
- FAQs – Natural England (NE776)
Contact Natural England:
Email: nutrientmitigation@naturalengland.org.uk
Validation requirements
To ensure your planning application is valid, you must submit the appropriate documentation based on the scale and type of development.
i) Developments discharging to Seaton Carew or Billingham WWTW (Below EIA thresholds with SuDS)
If your development:
- discharges foul or surface water to Seaton Carew or Billingham WWTW
- is below the Environmental Impact Assessment (EIA) thresholds
- and includes Sustainable Drainage Systems (SuDS)
You must submit a nutrient Nneutrality statement with your application.
This statement should include:
- the location of the development in relation to the River Tees catchment
- details of the proposed development
- current land use (including any changes over the past 10 years)
- how foul and surface water will be managed
- details of any proposed SuDS
ii) Developments above EIA thresholds, without SuDS, or not discharging to Seaton Carew or Billingham WWTW
If your development:
- exceeds EIA thresholds, or
- does not discharge to Seaton Carew or Billingham WWTW, or
- does not include SuDS
you must submit:
-
a completed nutrient neutrality budget calculator (NNBC) for the Tees catchment
-
a nutrient neutrality statement including:
- location of the development in relation to the River Tees catchment
- details of the proposed development
- current land use (including changes over the past 10 years)
- foul and surface water drainage strategy
- nitrate budget calculation with a summary table
- proposed mitigation (if required)
- justification for the proposed land use and number of dwellings
These documents must be prepared by a competent person with relevant experience.
What happens next?
- If the NNBC shows no increase in nitrates, and this is verified by us, no mitigation is required.
- If the NNBC shows an increase in nitrates, mitigation must be identified and secured. This may involve discussions with Natural England.
If mitigation cannot be provided on-site or off-site (through land in your control, for example), you are advised not to submit the application. We cannot approve applications without secured mitigation.
General information
We are working with Natural England and Tees Valley Catchment Partners to develop a consistent approach and identify long-term solutions.
In the meantime, you can seek advice on mitigation by contacting:
enquiries@naturalengland.org.uk
Before contacting Natural England, please review their guidance:
Please note: based on the experience of other local authorities, resolving nutrient neutrality issues may take time. We appreciate your patience and cooperation.