Phosphorus neutrality is required.
The following arrangements are interim for development in the Hampshire Avon catchment. These arrangements may change at short notice. Any changes will be posted on this webpage.
Following a Cabinet: 6 February 2024 Revised Nutrient Neutrality Strategy (opens new window), the Council has revised its approach for developments requiring nutrient credits in the Hampshire Avon. A Council-led scheme of phosphorus credits will be available for planned development at a fix cost per kilogram of phosphorus, provided supply of mitigation is available. All other development will be expected to make its own arrangements.
The Council-led scheme is one option that development can potentially use to achieve phosphorus neutrality. It will form part of the solution to achieving phosphorus neutral development in the catchment. Other options such as securing mitigation through private providers, as well as delivery of bespoke solutions on-site, where possible, can also be progressed by developers.
To qualify for the Council-led scheme the following criteria must be met:
- Development must qualify as 'planned development'
Planned development is defined as 'applications that comply with housing site allocation policies (Appendix D, Wiltshire Core Strategy) and / or Core Policy 2 (Delivery Strategy) of the Wiltshire Core Strategy apart from Core Policy 37 (Military Establishments).
It includes:
This means that speculative greenfield applications outside of settlement boundaries that are contrary to the development plan (Core Policy 2) are not classified as planned development.- allocations within the development plan - Wiltshire Core Strategy (including saved policies), Wiltshire Housing Site Allocations Plan and Neighbourhood planning (Core Policy 2)
- proposals within settlement boundaries and infill at Small Villages (Core Policy 2)
- rural exception sites (Core Policy 44)
- tourist development (Core policy 39) and hotels, bed & breakfasts, guest houses and conference facilities (Core policies 39 and 40)
- outside settlement boundaries - only specialist accommodation, gypsy and travellers, rural workers dwellings, conversion, and re-use of rural buildings consistent with policy (Core Policy 39, 40, 46,47 and 48)
- Mitigation credits are available in the sub-catchment where the development is located
The Council is working at pace to deliver mitigation schemes across the ten sub-catchments of the Hampshire Avon. Schemes must meet high standards of scrutiny by Natural England. This means many types of offsetting have been discounted and the role-out of acceptable schemes has been slower than expected. - Qualifying developments can apply for credits on Development Applications in the Hampshire Avon Catchment (ArcGIS Survey123) (opens new window) and you will be contacted as soon as credits are available.
- Given the limited supply of credits, schemes that are deliverable and ready to commence will be prioritised. If you are in an earlier stage of the planning process, you can make an Expression of Interest - River Avon Phosphorus Mitigation Scheme (opens new window) to the Council-led scheme. This is not the formal application stage, but it allows applicants to register for further updates as supply comes forward.
A nutrient calculation has been approved by the Council ecologist
Applications must use the GOV.UK: Form - River Avon SAC: nutrient neutrality calculator (opens new window) and submit a completed calculation in an unlocked Excel file for the Council's ecologist to approve. As standard, every application must be designed to ensure it does not exceed water consumption levels of 110 litres per person per day including external water usage. This shall be made a condition of planning permission and a water efficiency report will need to be submitted for approval by the LPA for the condition to be discharged. For further guidance refer to GOV.UK: Statutory guidance - Sanitation, hot water safety and water efficiency: Approved Document G", Appendix A (pages 36-44).
In addition, evidence must be submitted to show as far as possible that mitigation has been provided on site and in line with CIRIA: Using SuDS to reduce phosphorus in surface water runoff (ciria.org) (opens new window) Once approved, the case officer will issue you with a Hampshire Avon Credit Screening Approval Certificate which you will be able to upload on the website as part of your application for nutrient (phosphorus) credits.
A further way to help reduce nutrient burdens from a development is to install tighter water efficiency fixtures and fittings - over and above the standard measures mentioned above. Instead of the standard condition for 110 litres per person per day, the applicant can agree to a condition for water efficiency restricting water use to a maximum of 85 litres per person per day, or an alternative figure between 85 litres per person per day and 110 litres per person per day. Natural England require the nutrient calculator to include an additional 10 litres per person per day in the calculator. So, if you adopt the standard approach - 110 litres per person per day, then the calculator requires a figure of 120 litres per person per day to be used in the nutrient budget. If you opt for 85 litres per person per day, then you can use 95 litres per person per day in the nutrient calculator. Please advise the case officer if you wish to opt for tighter water efficiency standards and submit the supporting evidence for your planning application.
- The appropriate payments and legal agreements are in place
Phosphorus credits are charged at £38,500 per 1 kg of total phosphorus with an additional 5% administration charge. The charge recovers the cost of delivery of the mitigation projects and will be put back into delivering further offsetting projects. The administration charge must be paid prior to determination through a section 111 agreement to reserve the allocation of mitigation. The mitigation fee is payable on commencement of development, and this can be secured through a section 106 agreement or through a unilateral undertaking. If applicants wish to use a section 111 agreement for minor applications to pay for mitigation, then this will need to be paid either prior to determination or prior to discharge of a Grampian condition. For minor developments the Council can expedite such applications with a Grampian condition:
The development hereby permitted shall not commence until evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation scheme, or an alternative approved mitigation package addressing the additional nutrient input arising from the development, has been submitted to, and approved in writing by the Local Planning Authority.
Reason: To accord with the Conservation of Habitats and Species Regulations 2017, and Wiltshire Core Strategy Core Policy 69.
Informatives
Evidence of compliance to the Wiltshire Council River Avon Special Area of Conservation Mitigation Scheme means the certificate of allocation of credits and confirmation of financial contribution to the scheme.
An alternative mitigation package must be approved by the local planning authority and Natural England with evidence of allocation to the scheme.
- Development will proceed as soon as permission is granted
In sub-catchments where supply is limited, phosphorus credits will only be released to applications which relate to implementable development
which the council defines for current purposes to be housing development which can commence on site within three calendar months from the date of issuing the decision granting planning permission
. A condition will be applied requiring development to start within 12 months of the date of permission. This criterion ensures the Council-led scheme unlocks housing numbers anticipated by the local plan.
Developments which don't qualify for the Council-led scheme, or where there is limited supply available in the Council-led scheme may be able to secure mitigation through private providers and/or through bespoke solutions on or off-site. Your intended strategy must be agreed by Natural England before you submit your planning application.
If your proposal discharges less than 2 cubic metres per day to ground through a septic tank or package treatment plant with a drainage field, your development may meet the threshold for insignificant effects. This means you may not need to provide nutrient offsetting as phosphorus may be adequately removed through soil percolation. Details of the thresholds for insignificant discharges can be found in Annex F of Natural England: Water Quality and Nutrient Neutrality Advice (16 March 2022) (NE785) (opens new window) .
Proposals for development other than housing will need to submit bespoke calculations and mitigation. Examples of development requiring a bespoke submission include, breweries, car washing centres, laundries, tourism attractions or regional transport hubs as well as intensification of agricultural uses, new fish farms and watercress beds. For further pre-application advice contact the Council ecologychargeableservice@wiltshire.gov.uk (opens new window) before you apply for planning permission.
Summary of steps to take if your development lies in the Hampshire Avon
For plan-led development:
- use nutrient neutrality calculator to calculate net effect of development for phosphorus discharge
- deliver as much offsetting as possible within the development site boundary
- option to use the Council-led scheme for any residual phosphorus mitigation required
- submit nutrient calculation as unlocked Excel file with planning application
- once calculation is approved by Council ecologist, upload the approval certificate onto Development Applications in the Hampshire Avon Catchment (ArcGIS Survey123) (opens new window). This is the formal application to the Council's mitigation scheme
- await confirmation that credits are available
- enter into legal agreement(s) to pay £38,500 per 1 kg of total phosphorus when development commences and an additional 5% administration charge prior to planning permission being issued
- planning permission issued with a condition to commence development within 12 months if development meets planning requirements
For speculative housing development:
- use nutrient neutrality calculator to calculate net effect of development for phosphorus discharge
- investigate on-site and off-site options to deliver phosphorus offsetting (Council-led scheme not available)
- obtain advice from Natural England through DAS and ensure their requirements are met
- submit nutrient calculation as unlocked Excel file with planning application
- await confirmation that calculation is approved by Council ecologist
- enter into legal agreement(s) to deliver your approved phosphorus offsetting scheme prior to start of development and maintain it for the duration of operational phase
- enter into legal agreement to pay administration and monitoring charge prior to planning permission being issued
- planning permission issued if development meets planning requirements
For development other than housing:
- bespoke nutrient calculation to be made by specialist
- obtain advice from Natural England through their discretionary advice service and demonstrate their requirements will be met
- submit nutrient calculation as unlocked Excel file with planning application
- await confirmation that calculation is approved by Council ecologist
- enter into legal agreement(s) to deliver your approved phosphorus offsetting scheme prior to start of development and maintain it for the duration of operational phase
- planning permission issued if development meets planning requirements
Should developers wish to apply for the council led mitigation scheme, please apply via Development Applications in the Hampshire Avon Catchment (ArcGIS Survey123) (opens new window).
Natural England: Nutrient Neutrality and Mitigation: A summary guide and frequently asked questions (NE776) (opens new window)
Map of Avon catchment (PDF, 1 MB)(opens new window)
GOV.UK: Form - River Avon SAC: nutrient neutrality calculator (opens new window)
River Avon SAC Updated Strategic Appropriate Assessment (PDF, 517 KB)(opens new window)